On June 9, 2014, the Defendant was sentenced to a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act, and was sentenced to a suspended sentence of 3.5 million won for the same crime on October 23, 2014.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven CM5 cars in the state of alcohol alcohol leveling 0.318% without a vehicle driver’s license from the 1km section from June 2, 2016 to the 3rd-distance road in the same Dong, which was located in the ambro-dong, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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 mitigation of quantity was already punished by drinking twice, and the alcohol concentration in each blood relative was considerably high.

At the time of the instant case, the alcohol concentration in blood was more than 0.3% and was unable to communicate with more than 0.3%, and the body was not properly accumulated. It is the degree that a large number of accidents did not occur (which exceeded 0.3% at the time of committing the crime, for which a suspended sentence was previously sentenced). There is no circumstance to consider the circumstances leading to driving.

Therefore, imprisonment is selected and the punishment is imposed for the period of suspension of execution.