【Criminal Power】 On August 5, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 5, 2015; a fine of KRW 2 million for the same crime from the Changwon District Court was sentenced to a fine of KRW 6 million in the same court on October 23, 2015; on April 6, 2018, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on April 29, 2018; and on June 29, 2018, the Defendant was sentenced to imprisonment of KRW 8 months for a violation of the Road Traffic Act (driving without a license) or for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on June 29, 2018.

The judgment became final and conclusive.

【Criminal Facts】 On March 7, 2020, at around 01:27, the Defendant: (a) had not obtained a driver’s license from “C” near Changwon-si Masan-si B (hereinafter referred to as “E”) to “E” near the window of Changwon-si; and (b) had driven FY-si car at approximately 6km under the influence of alcohol level 0.045% under the influence of alcohol level.

As a result, the defendant, who was punished for the violation of the Road Traffic Act, was driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the situation of a drinking driver, the report on the situation of a drinking driver, the notification on the control of drinking driving, and the disqualified;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant had a large number of records of punishment for driving without a license; and (b) the Defendant was suspended from the execution of imprisonment in 2018; (c) the Defendant had a large number of records of driving without a license;

In addition, the defendant is even after the suspended sentence.