A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time when the motor vehicle was driven not less than twice in the past while under the influence of alcohol does not put any substantial disadvantage to the defendant's exercise of his/her right of defense, and thus, it is recognized that the criminal facts should be organized

On May 14, 2011 and December 6, 2011, the Defendant driven a motor vehicle while under the influence of alcohol, and thereby violated Article 44(1) of the Road Traffic Act not less than twice. On January 29, 2014, the Defendant driven a Category B Maz motor vehicle under the influence of alcohol concentration of not less than 0.109% under the influence of alcohol concentration of 0.109%, without obtaining a driver’s license, from the area near the Dong market located in the king cycle of water in the city of king-si on January 23:35, 2014 to the front day of the point in the KT Tho Lake.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions indicated in judgment: Application of references to criminal records and investigation reports (reports on criminal records and summary orders attached thereto);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), and subparagraphs 1, and 43 of Article 152 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The second sentence of Article 62-2 of the Criminal Act, even if there was a history of punishment twice due to drinking driving for the reason of sentencing, and the degree of blood alcohol level is high, it shall be sentenced to one year of imprisonment, but there is no record of punishment of imprisonment without prison labor or heavier, and the last sentence is the same.