A defendant shall be punished by imprisonment for one year.

Criminal facts

On May 30, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Chuncheon District Court on May 30, 2008, and a fine of three million won for the same crime on June 30, 2008 at the above court on June 30, 2008, and was sentenced to a summary order of three million won for the same crime, and on June 29, 2012, at the Chuncheon District Court on June 29, 2012, the Defendant was sentenced to imprisonment for six months for the crime of violation of the Road Traffic Act and one year for suspended execution

1. On September 25, 2012, the Defendant was under the influence of alcohol of 0.092% of blood alcohol concentration without obtaining a driver’s license at around 07:00 on September 25, 2012, and the Defendant driven a DNA M5 vehicle at the 1km section from the front of Chuncheon City to the front of the bend-down road in the west City, Chuncheon City.

2. 피고인은 2012. 11. 27. 04:45경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.093%의 술에 취한 상태로, 춘천시 후평동에 있는 주공4단지아파트 부근의 도로에서부터 같은 동에 있는 안동선계찜닭 앞 도로에 이르기까지 약 300m 구간에서 위 승용차를 운전하였다.

Summary of Evidence

[Fact 1]

1. Statement of the accused in the first protocol of trial;

1. Making a report on the control of drinking driving;

1. Inquiries into driver's licenses (the fact of Article 2 at the time of marketing);

1. Statement of the accused in the third protocol of trial;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. The register of driver's licenses (previous record on market);

1. The application of Acts and subordinate statutes to criminal history records, investigation reports by the prosecution (verification of the final date of judgment, etc., report of suspended period);

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

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for an ordinary concurrence (a punishment provided for in the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and a punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;