A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On July 23, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act by the Cheongju District Court on July 23, 2009. On August 31, 2010, the Defendant was sentenced to a suspended sentence of eight months by imprisonment for a violation of the Road Traffic Act at the Cheongju District Court on August 31, 201, and on November 22, 2013, the Defendant was sentenced to a suspended sentence of eight months by a sentenced sentence of eight months for a violation of the Road Traffic Act at the Cheongju District Court on November 22, 2013.

피고인은 2015. 2. 16. 20:11경 충북 괴산군 괴산읍 읍내로2길 90-3에 있는 역말오토바이 앞 도로에서부터 충북 괴산군 괴산읍 임꺽정로에 있는 괴산성모병원 앞 도로에 이르기까지 약 0.5km 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.255%의 술에 취한 상태로 C 포터더블캡 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Control note;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, personal identification and confinement status, investigation reports (Attachment of rulings related to repeated crimes), court rulings (Evidence No. 17), and application of Acts and subordinate statutes (Evidence No. 20)

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant has committed a crime such as drinking alcohol driving, driving without obtaining a license, refusing to measure drinking, etc. and has been punished several times. Among these, the Defendant also includes the period of suspension of the execution of imprisonment and the period of punishment twice.

The crime of this case was committed during the period of repeated crime and it is difficult to find the reason for discretionary mitigation.

The fact that blood alcohol concentration is high.