A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On September 30, 2010, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law at the Ulsan District Court, and on September 28, 201, the same court was sentenced to a fine of two million won due to a violation of road traffic law (driving under drinking), and there was a total of eight times of punishment due to a violation of road traffic law (driving under drinking).

[2015 Highest 622] Notwithstanding the fact that the Defendant had a alcohol driving force twice or more, the Defendant driven a DNA cargo vehicle under the influence of alcohol with approximately 0.091% alcohol content from the Defendant’s house located in Ansan-si C around August 15, 2015 to the entrance of the same Eup/Myeon-ro road at approximately 5km.

[2015 Highest 747] Although the Defendant had a alcohol driving force twice or more, the Defendant driven a DNA cargo vehicle under the influence of alcohol from around September 14, 2015 to around 2km of the same Eup/Myeon from the Do in the inside of the city of Ansan-si, Andong-si, Andong-si, Seoul, to the road after steel of materials for farming in the year of approximately 2km in approximately 0.161% of alcohol content.

Summary of Evidence

[2015 Highest 622]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Each investigation report and accompanying documents (2015 highest 747);

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, and photographs, a report on detection of drivers of each main driver, a circumstantial report on drivers of the main driver, a report on collection of blood, a request for appraisal, and an appraisal report on alcohol alcohol during blood;

1. Each investigation report and accompanying documents (not before judgment);

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the preceding conviction and the current status of confinement of individuals);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was that the Defendant had been sentenced three times only after the year 2006.