A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The facts charged are stated to the effect that the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) on September 21, 2011 and July 22, 2013. However, Article 148-2(1)1 of the Road Traffic Act punish a person who has violated Article 44(1) of the same Act two times or more (the person who drives a motor vehicle, etc. at least twice under the influence of alcohol) and drives a motor vehicle under the influence of alcohol (the person who drives a motor vehicle at least twice under the influence of alcohol). Thus, it is clear that recognizing the same facts of crime by specifying the time when the defendant driven a motor vehicle at least twice in the past while under the influence of alcohol does not give a substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, the facts charged are summarized as above without any changes in the indictment.

On July 9, 2011 and July 2, 2013, the Defendant driven a motor vehicle while under the influence of alcohol, and operated a motor vehicle at least twice in accordance with Article 44(1) of the Road Traffic Act on December 17, 2013, with a section of 400 meters from the road front of the Park Gyeong-si, in his/her city, which was located in his/her city, to the road front of his/her city in his/her city, from the road front of his/her city to the road front of his/her city in his/her city, without a vehicle driver's license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A driver's license inquiry;

1. A report on the actual status of a host driver;

1. Application of a copy of each statute of summary order;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Not only has been sentenced to a fine several times due to the fact that the reason for sentencing the alternative sentence of imprisonment is high, that the blood alcohol level is three times in the short term, that the drinking driving is conducted three times in the short term, and the violation of the Road Traffic Act.