【Criminal Power】 On February 25, 2008, the Defendant issued, at the Gwangju District Court, a fine of one million won for a violation of the Road Traffic Act, and at the same court on April 17, 2013, a fine of six million won for the same crime, and at the same court on September 17, 2014, the Defendant was sentenced to a suspension of execution for six months of imprisonment for the same crime and was sentenced to a suspension of execution on September 25, 2014, and the said judgment becomes final and conclusive on September 25, 2014.

【Criminal Facts】

1. Around 03:30 on March 22, 2015, the Defendant driven D SP car from the 0.121% alcohol concentration in the blood alcohol concentration in Gwangju Mine-gu to the front path of the Round high school located in 165, according to the same Gu, while under the influence of alcohol, the Defendant driven D SP car from the 0.121%.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said vehicle without a driver’s license at the same date and place as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the control of drinking driving, and driver's license register;

1. Previous convictions in judgment: Criminal records, summary orders and application of statutes governing 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. 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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has the record of being sentenced several times to a crime of violating the Road Traffic Act as stated in its reasoning, and in particular, it is inevitable to sentence the Defendant to commit the instant crime, without being aware of the fact that the Defendant was under the suspension of execution due to the crime of violating the Road Traffic Act.

However, it is against the defendant, and the crime of this case leads to a traffic accident.