[Criminal Power] On February 22, 2002, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on February 22, 2002, and on August 25, 2017, the same court was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 22, 2019, at around 22:25, the Defendant driven a motor vehicle under the influence of alcohol with 0.185% alcohol concentration, without obtaining a driver’s license, from around 10km section from the front of the cafeteria “C” restaurant located in the Hahbuk-gun B to the front of the Hahbuk-gun D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (the same type of suspect records, reporting during the period of suspended execution), and statutes;

1. Relevant provisions of Article 148 (1) and 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 the facts constituting a crime;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The Defendant, one year of imprisonment, shows his/her attitude to recognize and reflect his/her mistake in this court.

No defendant has been sentenced to punishment exceeding a suspended sentence.

The defendant, even though he had been in the period of suspension of execution, was engaged in the same criminal act, and the driver's license was revoked on February 14, 2002, but was drive without obtaining the driver's license, and taking into account the degree of exploitation at the time, the nature of the crime is bad.

Other records and arguments, such as the defendant's age, environment, method of crime, frequency of the same kind of force, and attitude after the crime.