[criminal power] On August 11, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a violation of the Road Traffic Act, etc. On October 26, 2011, the Defendant was sentenced to 10 months by imprisonment with prison labor for a violation of the Road Traffic Act (refluence of measurement). On December 7, 2015, the same court was issued a summary order of KRW 4 million by a crime of violation of the Road Traffic Act (refluence of measurement of alcoholic beverages). On May 1, 2018, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment with prison labor for a violation of the Road Traffic Act (refluence of measurement of alcoholic beverages).

【Criminal Facts】

On December 10, 2019, at around 19:08, the Defendant driven a D-wing truck under the influence of alcohol concentration of about 0.09% without a driver’s license, from around 1.2km to the front of Jinan-gun, Jinan-gun, Seoul.

Accordingly, the Defendant was driving a motor vehicle in violation of the prohibition of driving under the influence of alcohol without a driver's license more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, field photographs, notification on the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, repeated statements, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of Article 148-2 (1), 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 facts constituting an offense;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Two to five years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

- At the time of the instant crime, the Defendant’s blood alcohol concentration is high.

- As stated in its reasoning, the Defendant has been subject to criminal punishment, such as imprisonment, for the same kind of crime.