On October 30, 2008, the Defendant was sentenced to a suspended sentence of 10 months by a District Court for a violation of the Road Traffic Act, etc., and on September 22, 2015, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment with prison labor for the same crime, etc. on September 22, 2015, and the said judgment became final and conclusive on October 1 of the same year.

At around 20:50 on December 21, 2015, the Defendant driven B Poter cargo under the influence of alcohol content of 0.144% while under the influence of alcohol, without obtaining a driver’s license, from the front of an influent restaurant near Korea distribution in Yangju-si to the entrance of Poter in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records and the period of suspension of execution);

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. The reason for sentencing selection of the sentence of imprisonment with prison labor is a means of transportation convenient, but since it is a dangerous article that can change to a dangerous weapon, a person who operates an automobile has a duty to obtain a license and operate an automobile with due care in normal conditions;

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

The defendant has already been punished for the same kind of crime by causing the death of the victim due to an accident during drunk driving. In particular, even though he was sentenced to a suspended sentence for 2 years as above by causing a traffic accident during drunk driving, he/she shall be subject to suspended sentence.