[Criminal Power] On November 7, 2011, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Gwangju District Court, and on April 17, 2018, the Defendant was sentenced to a suspended sentence for four months by imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

around 13:50 on October 17, 2019, the Defendant driven a D-wing-III cargo vehicle without obtaining a driver's license, while under the influence of alcohol concentration of approximately 0.076%, from the front side of the Gwangju Mine to the front side of the same Gu C.

As a result, the Defendant was driving under the influence of alcohol more than twice in violation of the prohibition of drunk driving regulations, while driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Criminal records: Inquiry reports, summary orders, application of court rulings, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the 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. Selection of imprisonment with prison labor chosen;

1. As seen in the reasoning of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “the reasons for both punishment”) as seen in the criminal records in the judgment of the reasons for sentencing, the amount of blood alcohol concentration of the Defendant already committed two times or more due to drunk driving, respectively: 0.090% and 0.125%, respectively, and even though the record includes the history of having been sentenced to a suspended sentence for imprisonment with prison labor for committing a crime causing a traffic accident causing another person, the Defendant is sentenced to a punishment in that the period of the suspended sentence has not yet expired and it causes a traffic accident.