A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 29, 2010, the Defendant was sentenced to a fine of 4 million won for the crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on the grounds of the violation of the Road Traffic Act, and was sentenced to a fine of 5 million won for the same crime in the same court on June 27, 2011. On April 16, 2014, the same court was sentenced to a suspended sentence of 3 years for a suspended sentence of 1 year for the same crime, and was sentenced to a suspended sentence of 3 years for the same crime.

【Criminal Facts】

On May 7, 2014, at around 22:53, the Defendant driven C Poter Cargo at approximately 0.226% under the influence of alcohol concentration 0.26% without a vehicle driver’s license on the road in front of the drinking house in which it is impossible to identify the trade name in the Yellow Sea in the Hasan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Even though the Defendant had had been punished seven times of imprisonment due to drinking driving, refusal of alcohol measurement, and non-licensed driving since 2002, the Defendant had been sentenced to a suspended sentence due to drinking driving, which was sentenced to a suspended sentence for three weeks only after being sentenced to a suspended sentence. The Defendant had a high drinking level.

This seems to be due to the lack of serious compliance consciousness, and the sentence of imprisonment is inevitable for the defendant. However, considering the circumstances such as the fact that the defendant is engaged in physical labor in the rural area, economic circumstances are not good, and the suspension of execution of sentence should be imposed together, the minimum of the statutory penalty is applied to the order.