A defendant shall be punished by imprisonment for one year.

Criminal facts

On October 19, 2015, the Defendant was sentenced to ten months of imprisonment by the Changwon District Court for a violation of the Road Traffic Act (drinking driving), etc., and the execution of the sentence was completed on April 30, 2016, and is the driver of the E-Poter truck.

1. On March 29, 2017, the Defendant was driving a vehicle under the influence of alcohol by driving the vehicle with the foregoing cargo while drinking alcohol around 23:10 on March 29, 2017, and driving the vehicle to the shooting distance in the same Dong from the dong line that is in the arms arms of the window in Changwon-si at Changwon-si, while driving the vehicle under the influence of alcohol, such as that the Defendant’s face is red, smelling, drinking off, drinking off, and emitted from drinking alcohol reaction in a non-distance manner.

There is a reasonable reason to determine the person, and even if he/she received a request from 23:30 on the same day to 00:01 the next day for a measurement of drinking alcohol on four occasions, he/she did not comply with the request without good cause.

2. On March 29, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said cargo at a section of about 1 k meters in front of the shooting distance in the window of Chang-si, Chang-si, without obtaining a driver’s license around 23:10 on March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (verification of re-transmission of video CDs refusing to measure drinking);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and attachment of court rulings, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the above crimes) of the Act on the Aggravated Punishment of Concurrent Crimes is divided in depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to each of the crimes of this case.