A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2] On September 17, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Jeonju District Court’s Jeonju Eup branch on September 17, 201, a summary order of KRW 7 million for a violation of the Road Traffic Act (non-licenseed driving) in the same court on April 29, 201, a summary order of KRW 2 million for the same court on January 11, 2013, a fine of KRW 2 million for a violation of the Road Traffic Act (non-driving driving) in the same court on February 28, 201, a summary order of KRW 5 million for a violation of the Road Traffic Act (driving driving) in the same court on July 15, 2014, and was sentenced to a suspended sentence of imprisonment with prison labor for 6 months and a suspended sentence of one year for a violation of the Road Traffic Act (driving on January 13, 2016).

[ 범죄사실] 피고인은 2017. 5. 3. 18:20 경 전 북 부안군 변산면에 있는 격 포항 앞 도로에서부터 같은 면 변 산로 3199에 있는 CU 편의점 앞 도로에 이르기까지 약 3km 구간에서 혈 중 알콜 농도 0.077% 의 술에 취한 상태로 원동기장치 자전거 면허를 받지 아니하고 B UA125XQ 원동기장치 자전거를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver of a driving school and a ledger of users of measuring instruments for drinking;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. The defendant committed the crime of drinking alcohol driving in this case without being aware of the fact that the defendant was sentenced to a fine and a suspended sentence of imprisonment on several occasions due to drinking driving, such as the reason for sentencing alternative sentence of imprisonment with prison labor and reflects the wrongness of the defendant, etc.