A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 25, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court on January 25, 2008, and on October 28, 2009, at the same court on October 28, 2009, sentenced one year to imprisonment with prison labor for a violation of the Road Traffic Act, etc., and completed the execution of the sentence at the Busan Detention House on August 17, 2010.

On July 26, 2012, at around 00:07, the Defendant, without obtaining a driver’s license for a motor vehicle, driven the Cpoter vehicle within approximately 50 meters from the Republic of Korea located in Northern-dong, Busan to the front of the same Gu subway Station, while under the influence of alcohol of 0.084% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and other inquiries, investigation reports (report attached to a judgment), and Acts and subordinate statutes on the status of personal identification and confinement;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Although the Defendant had had a record of criminal punishment several times due to drinking and unlicensed driving (as seen in the foregoing, the previous criminal records are two times) during the repeated crime period, and the quality of the same crime is poor, and the punishment for the crime of drunk driving has been strengthened due to the revision of the Road Traffic Act, it is necessary to strictly punish the Defendant.

However, the order is issued in consideration of the fact that the defendant's mistake is against himself/herself, the blood alcohol concentration is not high, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime.