A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On July 18, 2019, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Busan District Court, and the sentence becomes final and conclusive on July 26, 2019 and is currently

【Criminal Facts】

On January 5, 2020, at around 05:33, the Defendant driven a Da QM6 passenger car under the influence of alcohol concentration of 0.179%, without obtaining a driver’s license, from the front line of the Mancheon-gu, Busan to the front line of the “C” in the same Gu as “C” in the same Gu.

As a result, the defendant has driven a motor vehicle while under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the driver's license ledger, the report on the state of his driver's license, and the results of crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same kind of power), judgments, and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is very high that driving under the influence of alcohol is highly likely to infringe the life and property of others as well as its own.

Defendant committed each of the crimes in this case without being subject to suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In light of the fact that the blood alcohol concentration at the time of the crime of this case was significant and that the bus was shocked by accident, etc., the responsibility for the crime is more important.

Such a defendant is sentenced to the danger of drinking driving by sentence.