【Criminal Power】 On March 5, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, and on April 7, 2017, the Defendant was sentenced to a fine of 7 million won by the same court as the same crime. On April 18, 2018, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with labor for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch Branch on April 18, 2018, and the said judgment became final and conclusive on April 26, 2018, and

【Criminal Facts】 On December 22, 2018, at around 16:50, the Defendant driven a car in C Stti area under the influence of alcohol 0.190% in a 46km section from the Defendant’s dwelling near the Defendant’s dwelling to the seat of Gangseo-si, the front seat of the Dong Highway located in the 45km-si, Gangwon-si.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has been punished for violation of the Road Traffic Act at the same time, and driving a motor vehicle under the influence of re-driving even though it has been twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arresting a suspect in violation of the Road Traffic Act;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect), list of related cases, application of court rulings and other statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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. The reason for sentencing selecting a sentence of imprisonment with prison labor is against the situation that the defendant repeatedly commits a crime even though he/she was punished twice due to drinking or unlicensed driving, the higher drinking level and the distance of driving, and the fact that the defendant committed a crime during the suspended period of execution due to the same kind of crime, etc. is against the disadvantage of him/her;