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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On June 12, 204, the Defendant received a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daejeon District Court on June 12, 204, and on June 5, 2015, the same court was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking) and was sentenced to imprisonment for a violation of the Road Traffic Act on December 23, 2016 by the same court.
On November 29, 2016, the Defendant, around 14:05, driven a motor vehicle at approximately 1km section from the front of the Seo-gu Seosung apartment road in Seo-gu, Daejeon to the Domama-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, without obtaining a driver’s license. The Defendant driven a motor vehicle at Calan-burb with alcohol content of at least 0.180% under the influence of alcohol while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. On-site photographs;
1. Previous records of judgment: Investigation report (report attached to the same type of judgment, etc.); court rulings, criminal records, and other inquiry results and application of Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license for a vehicle) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. On July 14, 2015, the judgment was finalized on July 22, 2015, on the following: (a) the Defendant committed the instant crime without being aware of at all during the period of suspension of execution, and during the period of a suspended sentence; (b) the Defendant may have the history of punishment for the same crime; (c) the Defendant’s blood alcohol concentration was high at the Defendant’s blood alcohol concentration at the time of driving; and (d) the Defendant’s repeated driving.