A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 7, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and a fine of two million won for special larceny, etc. in the Jeonju District Court’s mountain support, and the execution of the above punishment was terminated on July 8, 2019. On July 16, 2020, the Daejeon District Court sentenced one year and six months of imprisonment with prison labor for special larceny, etc., and the above judgment became final and conclusive on November 4, 2020.

On November 3, 2020, the Defendant was sentenced to a fine of KRW 5 million by the Daejeon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

From February 27, 2020 to June 5, 2020, the Defendant was under the influence of driving license. However, around April 16, 2020, around 22:30, the Defendant driven a motor vehicle with approximately 500 meters of alcohol level 0.056% under the influence of alcohol level 0.056% from the roads near Daejeon Daejeon-gu B to the roads near the same Gu D.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, he driven a car in the state of suspension of driving license.

Summary of Evidence

1. Previous records of a defendant's statutory statement, traffic accident report (such as actual condition investigation report), the ledger of driver's license (A), notification of the results of drinking driving control, circumstantial statement of a drinking driver, investigation report (specific driving distance of a suspect), etc.: Court records (military birth assistance 2018Nodan853, etc.), court records (Sari-gu 201), Daejeon District Court records (Sari-do 2031), Daejeon District Court rulings 2020 Godan2403, Daejeon District Court records (Evidence 74), personal confinement status (Evidence 75), 202No2405 fixed date (the case in which the list of evidence becomes final), and application of statutes governing judgment 2020No2405;

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

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

1. On November 7, 2018, as stated in the records of criminal records as stated in Article 35 of the Criminal Act among repeated offenders.