A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on July 5, 2012. On June 9, 2014, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seowon District Court's branch branch on July 9, 2014. On January 14, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on March 22, 2016.

On July 2, 2016, at around 10:15, the Defendant driven a 10m-math freight vehicle under the influence of alcohol by 0.203% under the influence of alcohol concentration at an emptyter located behind the cafeteria of Daegu Seo-gu. C.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, application of statutes of judgment;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (the location where a defendant drives is not the road under the Road Traffic Act, so the defendant's counsel is not the road under the Road Traffic Act. However, Article 2 subparagraph 26 of the Road Traffic Act also states that motor vehicles and horses are used on the road according to their original purpose and use, and it includes places other than the road in the case of Articles 44 and 148-2 of the Road Traffic Act, which are applicable to driving under the influence of alcohol. Thus, the above argument is without merit.) The punishment is imposed on the person who has been punished for driving under the influence of alcohol more than 10 times and has high level of blood alcohol concentration. Thus, the sentence shall be imposed in consideration of the place of driving, the distance of driving, etc.

1. The acquittal part 1.