A defendant shall be punished by imprisonment for one year.

Criminal facts

【Criminal Records】 On November 30, 2012, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court for a violation of the Road Traffic Act and a violation of the Guarantee of Automobile Compensation Act, and was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Ulsan District Court on December 19, 2013.

【The Defendant driven C Rason under the influence of alcohol concentration of approximately 0.071% without a driver’s license from a Do near the Gu ordinary wave located in the city of Busan on July 25, 2018 to the front road of the club enterprise located in the city of Busan on July 25, 2018.

Accordingly, even though the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking driving), the Defendant driven the said three vehicles under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same criminal records statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. The reason for sentencing of alternative sentence of imprisonment with prison labor is that the amount of alcohol concentration among the blood of this case is not high is a favorable condition.

However, the defendant was sentenced to imprisonment three times due to a violation of the Road Traffic Act (drinking driving), three times a suspended sentence of imprisonment, one time a fine, and one time a fine due to a violation of the Road Traffic Act (drawing refusal). Furthermore, the defendant was indicted for driving under the influence of alcohol on February 5, 2018 and then is under the trial (the case of the High Court 2018 High Court 1490, the current appellate court proceeding).