A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On June 16, 2010, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act in the branch court of the Busan District Court on the same day. On April 25, 2014, the Busan District Court sentenced one year and two months for a violation of the Road Traffic Act at the Busan District Court on November 16, 2014, and was sentenced to a suspended sentence of 5 times more due to a violation of the Road Traffic Act or a violation of the Road Traffic Act.

【Criminal Fact-finding on February 10, 2015, the Defendant driven a B-learning car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.147% from a section of about 300 meters from the front of the Busan Customs Office located in the Busan Central East-dong to the front of the Haw-dong located in the Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (report on suspect's drinking, driving records without a license, and period of repeated crime), each judgment, application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Imprisonment with prison labor chosen;

1. In light of the fact that a repeated crime committed several times under Article 35 of the Criminal Act has the record of being punished for the same kind of crime for sentencing, and that the sentence was imposed for the same kind of crime and the execution of the sentence was not completed and again committed the instant crime, and that the blood alcohol concentration has high, it is necessary to strictly punish the Defendant due to extremely poor quality of such crime.

However, it is decided as per the disposition in comprehensive consideration of the fact that the distance of drinking driving is relatively short, the age, character and behavior, environment, etc. of the defendant.