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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
① On February 14, 2008, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. ② On August 18, 2008, the Defendant was sentenced to a suspended sentence of KRW 4 months for the same crime. ③ On December 3, 2008, the Defendant was notified of a summary order of KRW 2 million for the same crime by the same court.
피고인은 2018. 3. 20. 07:23 경 부산 동래구 사직동에 있는 “ 명가 국밥” 앞 도로에서부터 같은 동에 있는 “ 백제 온누리 약국” 앞 도로에 이르기까지 약 150m 구간에서 혈 중 알콜 농도 0.118% 의 술에 취한 상태로 E 에쓰 엠 쎄븐 (SM7) 승용차를 운전하였다.
As a result, the defendant was punished for driving under drinking more than twice, and was driving under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report prepared by the F;
1. Application of Acts and subordinate statutes to a survey report on the actual condition of a driver at driving, a report on the detection of a driver at driving, a inquiry of the results of crackdown on drinking driving, a ledger of driver's license, and photographs and video outputs (including a black stuff image flaps);
1. The relevant criminal facts and Articles 148-2(1)1 and 44(1) of the Road Traffic Act, which have been subject to criminal punishment not yet sentenced to a fine, suspension of execution, etc. concerning the driving of a criminal defendant's drinking for the reason of sentencing of punishment, but eventually, as long as the criminal acts of the same kind were committed in the same case, other treatment than punishment cannot be granted to the criminal acts of the same kind. The criminal defendant, in addition to driving under the same kind of drinking, once he/she was sentenced to a fine after driving under the same kind of drinking, has been sentenced to a fine after driving under the same kind of drinking, and has been sentenced to a non-licensed driving under the same kind of punishment for four-month final and conclusive judgment of imprisonment for the year 2009. Thus, in order to protect the lives, bodies, and traffic safety of local communities and residents from "unauthorized law persons on the road" like the criminal defendant.