[criminal power] On November 21, 2006, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act; on August 3, 2009, a fine of KRW 4 million was issued by the Ulsan District Court on August 3, 2009; on August 31, 2012, the Defendant was sentenced to a summary order of KRW 6 million; on August 31, 2012, the Busan District Court was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act; and on August 19, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Changwon District Court on August 19, 2015.

【Criminal Facts】

On June 24, 2019, the Defendant had been punished for drinking driving twice or more as above, but around 05:47 on June 24, 2019, the Defendant driven a F Poter truck without obtaining a driver’s license with a blood alcohol level of about 0.119% from the section of approximately 1.3km from C in Busan Dong-gu to E in Busan Dong-gu, to E in front of Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, investigation report, vehicle driving license register, and results of crackdown on drinking driving;

1. Records before and after judgments: Criminal records, etc., each written inquiry report, each summary order, each written judgment, each previous disposition, and the application of Acts and subordinate statutes reporting results of confirmation;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts; Article 152 (1) and Article 43 of the former Road Traffic Act concerning the relevant criminal facts;

1. Although the reasons for sentencing under Articles 40 and 50 (Selection of Imprisonment) of the Criminal Act include the confession of a criminal act and his/her mistake, he/she is driving under the influence of alcohol as stated in the judgment of the defendant.

The judgment of a fine shall be sentenced to two times, and the suspended sentence of imprisonment shall be sentenced to two times.