A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 19, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on June 19, 2009. On November 13, 2015, the Defendant was sentenced to a summary order of 5 million won for a violation of road traffic law (drinking) in the same court on November 13, 2015. On September 6, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (drinking) and was sentenced to a suspended sentence of 2 years for a violation of road traffic law (drinking) on September 14, 2017.

Criminal facts

Although the Defendant had been subject to punishment twice or more due to drinking driving, the Defendant driven C-be under the influence of alcohol content of at least 0.170% of alcohol while under the influence of alcohol without obtaining a driver’s license from around 2.7 km, from the 18:50 on January 13, 2018, to the 194 in the C-Woo-gun budget-gun, the C-Woo-nam Budget-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident and site photographs;

1. The driver's license ledger;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: A written reply to inquiry, such as criminal history (A), investigation report (verification of the facts of crime and the records of the same crime during the period of probation); Application of statutes, such as judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The Defendant’s reason for sentencing selective punishment of imprisonment with prison labor is that the Defendant was sentenced to a number of punishment due to drinking driving and was sentenced to a suspended sentence twice, but only the last four months from the suspended sentence was committed again at the time of the suspended sentence. Therefore, it is inevitable to punish the Defendant

This is the fact that the circumstances favorable to the defendant, i.e., health and economic situation are not good, that the defendant disposes of the vehicle used for the crime, and that there are circumstances that can be considered in the course of the crime.