[criminal power] The Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on December 12, 2009, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving on November 19, 2012), and two million won for the same offense in the same court on February 12, 2013. The Defendant was sentenced to imprisonment for six months with prison labor for the same offense in the same court on October 2, 2019, and for two years for a suspended sentence as of October 11, 2019, and is currently under the suspended sentence.

【Criminal Facts】

On November 20, 2019, at around 23:10, the Defendant driven a DNA car with a blood alcohol concentration of about 0.117% while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes in one copy of 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 for discretionary mitigation have already been punished seven times, including the previous convictions before the suspension of the execution of imprisonment with prison labor, or a crime related to drunk driving, and the driver’s license was revoked on August 5, 2019 due to the drunk driving.

In particular, the Defendant, who was sentenced to a two-year suspended sentence for six months of imprisonment on October 2, 2019 due to drinking driving, and was sentenced to a two-year suspended sentence on the 11th of the same month, without any reflective nature, even though the said judgment became final and conclusive on the 11th of the same month, is in need of strict punishment in that he/she was driving under the influence of drinking and without a license.

In addition, the defendant above.