A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On July 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the resident support of the Daegu District Court on July 14, 2010, and on July 22, 2014, the Defendant was sentenced to imprisonment with labor for the same crime in the same court on July 22, 2014, and was sentenced to imprisonment with labor for 10 months and 2 years of suspended execution, and is currently under suspended execution.

[ 범죄사실] 피고인은 2016. 1. 8. 18:03 경 상주시 함창읍 교 촌리에 있는 뽕잎 한우에서 같은 읍 교 촌리에 있는 평창 송어 장 앞 도로에 이르기까지 약 400m 구간에서 혈 중 알코올 농도 0.244% 의 술에 취한 상태로 자동차 운전면허를 받지 아니한 채 C 포터 화물차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The reason for sentencing the alternative sentence of imprisonment with prison labor has already been punished for drinking driving several times, and the defendant has returned to the crime of this case during the suspension period, and it is inevitable to sentence the defendant to a sentence;

Provided, That the punishment shall be determined as per the order by taking into account the fact that the defendant makes a confession and reflects the crime, the fact that the vehicle is sold, etc.