A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On July 26, 2013, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court on November 30, 2012, and six months of imprisonment due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court on November 30, 2012. On June 26, 2015, the Defendant was sentenced to a violation of the Road Traffic Act (dacting driving) at the Busan District Court on April 2015 and completed the execution of the sentence on October 2015.

[Criminal facts] On February 1, 2018, the Defendant, while under the influence of alcohol level of 0.132% among blood transfusion around 19:30, driving a vehicle from B Abdo at the section of approximately 500 meters from the front of the restaurant at the center in the city of Suwon-gu, Busan to the front of the “Center” in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A traffic accident report;

1. Previous convictions: A reply to inquiry about criminal history, report on investigation (verification of the same criminal records as the suspect), each judgment, and application of Acts and subordinate statutes significantly to this court;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant had been punished for a fine or imprisonment with prison labor imposed on several occasions due to drinking alcohol driving or driving without a license, but the Defendant again committed the instant crime during the period of repeated crimes, and thus, it is reasonable to select imprisonment with prison labor and make a strict punishment.