A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 19, 2006, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jeju District Court on April 19, 2006, and six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jeju District Court on June 19, 2008, and on June 29, 2017, at the Changwon District Court on June 29, 2017, to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act.

On July 11:25, 2017, the Defendant driven B-learning car under the influence of alcohol of about 500 meters with blood alcohol concentration of 0.145% without a car driver’s license from the road located in the Yongsan-gu Busan Metropolitan Government to the front road of the usage distance located in the same Dong-dong.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. Report on the results of the regulation of driving, making statements on the state of drinking, and the driving, and the report on the entry of a drinking driver;

1. Details of disposition for cancellation of driver's license;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The Defendant had a record of being punished several times due to drunk driving and unlicensed driving, and in particular, even though he was placed at the place of probation on June 29, 2017 due to drunk driving, but went back to the subsequent criminal act, and thus, the nature of the crime is not good.

The defendant caused a traffic accident in the course of the criminal act, which led to the actualization of the risk of drinking driving.

The defendant is a drunk driver.