A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On July 25, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on July 2, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with labor for the same crime in the same court for two years.

[ 범죄사실] 피고인은 2017. 6. 11. 14:58 경 구미시 봉곡동에 있는 상호를 알 수 없는 식당 앞 도로에서부터 같은 동 샛별 주유소 앞 도로에 이르기까지 약 2km 구간에서 자동차 운전면허를 받지 아니하고, 혈 중 알콜 농도 0.152% 의 술에 취한 상태로 C 쏘렌 토 승용차를 운전하였다.

피고인은 같은 날 16:10 경 위 샛별 주유소 앞 도로에서부터 구미시 송 동로 147에 있는 3 주공아파트 앞 도로에 이르기까지 약 2km 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.246% 의 술에 취한 상태로 위 쏘렌 토 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving each week, report on the circumstances of each driver's driver, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have a record of criminal punishment on five occasions for the same crime, and the defendant was under suspension of execution after being sentenced to imprisonment for the same crime.