A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

【Criminal Power】 On April 9, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Jeonju District Court’s regular branch court’s support, and on November 26, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime, etc. in the same court, and completed the execution of the sentence in the Jeonju prison on July 26, 2016.

【Criminal Facts of Crimes】 On October 13, 2018, the Defendant, without obtaining a driver’s license on October 14:35, 2018, driven an EPoter spoke-sper truck within a section of approximately one kilometer from the ckis front of the Cpos in the Jeonbuk-gun B, North Korea, to D front roads, while under the influence of alcohol content of 0.153%.

As a result, the defendant was driving under the influence of alcohol again even though he violated the prohibition of drinking alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accident filed by an accident scene, a copy of the ledger of driver's licenses for breath and breath drivers' licenses, and an investigation report on circumstantial statements of the breath drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of identity of a suspect), list of related cases, judgments, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case, including the past record of a sentence of imprisonment with prison labor as stated by the Defendant as a drunk driving, is seven times the sentence of imprisonment with prison labor, one time the suspended sentence of imprisonment with prison labor, two times the fine, and two times the fine, and the blood alcohol concentration is 0.0.