A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 2, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on June 28, 2018, in the same court, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act.

On September 24, 2018, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven a vehicle with a blood alcohol content of at least 0.109% under the influence of alcohol without obtaining a driver’s license at a section of about 30 km from the Gyeonggi-si B apartment in Gyeonggi-si to the point of 43 km in Seoul except Seoul Metropolitan Highway, and driving a vehicle with a blood alcohol content of at least 0.109% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident actual condition survey report and on-site map;

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. Examination of points;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of the criminal history records, investigation reports, and summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic 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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was punished for drunk driving even before.

In particular, on May 2, 2018, the crime of driving under the influence of 0.214% alcohol concentration was issued on June 28, 2018, and the summary order of KRW 6 million was issued on June 28, 2018, the driver was driving under the influence of 0.109% of the blood alcohol concentration in the first half and the second half months, and in the process, the accident of collision with the highway outer wall was caused.

Defendant

In light of the degree of damage of the vehicle, it seems that the shock at the time of the collision significantly increased.

It is necessary to punish the defendant strictly.

However, it is advantageous to the fact that the defendant recognizes the crime and reflects it.