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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
Some of the facts charged were corrected.
On October 13, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court, and on December 9, 201, the above court received a summary order of KRW 1.5 million for the same crime. On July 5, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.
Although the Defendant violated the provision on prohibition of drinking driving twice or more, on November 11, 2018, the Defendant driven a D Poter truck at a section of about 6km up to the 3km road located in Gangdong-gu Seoul Metropolitan City, at the right time near the road located in Seoul Metropolitan City, under the influence of alcohol level of 0.163% without obtaining a driver’s license on November 15, 2018.
Summary of Evidence
1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, notification of the results of the influence of drinking driving, criminal records of driver's license register, and investigation report (verification of criminal records of the same kind, and 127 pages of investigation records);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. The Defendant, on the grounds of the sentencing of the sentence selected under Articles 40 and 50 of the Commercial Concurrent Crimes Act, driven a cargo vehicle with the influence of alcohol in light of the condition that: (a) around 200 years; (b) around 2006; (c) around July 201; and (d) around July 201, the suspension of the execution of imprisonment was rendered on or around July 2018; and (b) around April, 2018, without a driver’s license again on or around November 2018, the period of the said suspension of the execution of the sentence became final and conclusive.
This is considered as a major circumstance, but the defendant shows an attitude of recognizing and opposing the defendant's wrong, and the defendant was arrested at the time when the period of the suspension of execution was exceeded since 1 year and 8 months after the crime of this case.