[criminal power] On January 25, 2010, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on January 25, 201. On December 12, 2013, the Defendant was sentenced to a fine of KRW 5 million for the same crime, etc. in the same court.

【Criminal Facts】

On July 19, 2019, at around 18:20, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of 0.275% while under the influence of alcohol without obtaining a driver's license from the Cheong-Gun Village B from around 10km to the entrance of the same Gun C Village.

As a result, the defendant has driven the above cargo without obtaining a driver's license in the state of under the influence of alcohol in violation of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and the application of the 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Reasons for sentencing of alternative sentence of imprisonment with prison labor include the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case, the distance of driving, the circumstances leading to driving, the defendant's status at the time of driving, the records of the defendant's previous punishment, and the fact that the defendant was a crime during the suspension of execution, and the conditions for various sentencing as shown in the arguments