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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 29, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 29, 201, at the 25th Army Military Court on September 19, 2012, at the 25th Army on September 19, 2012, to a fine of KRW 8 million for the same crime, etc., and on June 25, 2015, at the Jung-gu District Court on August 8, 2017, to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the 1.5 million District Court on August 23, 201, and the judgment on November 16, 2018 became final and conclusive on September 19, 2019.
On April 13, 2019, the Defendant driven a Dmotor bicycle under the influence of alcohol concentration of about 0.147 percent at the section of about 2 km from the front day of the French-dong C Office B below the Goyang-gu, Goyang-si to the day of the convention driving in Goyang-dong, Goyang-si, Goyang-si, Goyang-si, the Defendant driven a Dmotor bicycle under the influence of alcohol concentration of about 0.147 percent.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. A investigative report (STV image verification);
1. On-site photographs;
1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of whether a suspect has repeated offenses, and such previous records and confirmation), personal confinement status, application of statutes of judgment;
1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (a) and 154 subparagraph 2, and 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the defendant was punished twice due to drinking and unlicensed driving but repeated during the same repeated crime period, and the blood alcohol concentration at the time of drinking driving.