[criminal power] On February 6, 2007, the defendant was sentenced to a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Changwon District Court through the Changwon District Court on June 1, 2007, a fine of KRW 2 million as a same crime in the same court on June 21, 2007, a fine of KRW 1 million as the same crime in the same court on September 7, 2009, and two years of suspended execution for the same crime at the Busan District Court on September 7, 2009, from the Changwon District Court through the Changwon District Court on January 28, 2013 to the same crime on September 6, 200, and on September 14, 2015, the same court was sentenced to a fine of KRW 100,000,000 as a crime of violation of the Road Traffic Act (no license) and a suspended sentence of execution for the same offense on April 28, 208.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 16, 2019, at around 02:35, the Defendant driven a e-learning car under the influence of alcohol by 0.106% without obtaining a driver’s license in the section of about 500 meters from the front of the road in Jinju-si B to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Each report on investigation;

1. Previous records before ruling: Application of criminal records, investigative reports (verification of criminal records of the same kind as a suspect, addition of previous records, and confirmation of the same kind of records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant who had been sentenced 4 times to a fine due to a violation of the Road Traffic Act on the grounds of sentencing under Article 53 or 55(1)3 of the Criminal Act or a violation of the Road Traffic Act, or 3 times the suspended sentence of imprisonment.