[criminal power] On January 13, 2012, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on February 7, 2014, and was issued a summary order of KRW 5 million for the same crime, etc. in the same court on February 7, 2014, and on April 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, etc. on the same court on April 3, 2014, and was still under suspension of execution.

【Criminal Facts】

On April 3, 2015, at around 13:03, the Defendant driven a DNA strawing car with approximately 300 meters alcohol concentration 0.160% under the influence of alcohol without obtaining a driver’s license from around the 300-meter section of the high flag restaurant located in the same Dong to the cU convenience store located in the Eup/Myeon of Sinjin-si.

As a result, the Defendant violated the prohibition of drunk driving at least twice, and once again driven a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Photographs of traffic accident evidence;

1. Previous records of judgment: Application of criminal records, investigation reports (the previous records and confirmation of the facts under suspension of execution) and Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the same crime during the suspension period of execution for the same crime even though he/she had been punished seven times due to drinking or non-licensed driving, and thus, he/she is sentenced to the same punishment. However, the fact that the defendant reflects the crime of this case and makes the defendant not to drive under the influence of alcohol again, and the suspended sentence on the record of criminal records is invalidated.