[criminal power] On January 22, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court, and a fine of KRW 3 million as a crime of violation of the Road Traffic Act (driving) in the official capital branch of the Daejeon District Court on September 19, 2018.

【Criminal Facts】

On January 30, 2019, at around 15:15, the Defendant driven a F body-man car without obtaining a driver’s license with a blood alcohol concentration of about 300 meters from the “C convenience store” located in Chungcheongnam-gun B to the “E” in front of the “E” located in D.

As a result, the Defendant, who violated the regulations on prohibition of drunk driving more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. A CCTV CD;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Although an ordinary concurrent prosecutor is deemed to have a substantive concurrent relationship, he/she shall be determined ex officio as an ordinary concurrent relationship.

Articles 40 and 50 of the Criminal Act

1. The Defendant had a record of punishment due to two drinking driving and one-time driving without license, which was the reason for sentencing selective sentence of imprisonment, and committed a second offense at the time of the last punishment only for four months after the point of punishment.

The driving distance is not long, but the blood alcohol level at the time of crime is extremely high.

In particular, even though the driver's license was revoked in around 2007, the defendant had registered a vehicle in his name in 2018 and opened an automobile comprehensive insurance policy and had been ordinarily driving without the license.

The sentence of imprisonment is to be imposed in consideration of this point.