A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million on August 29, 2013, and a fine of KRW 2 million on January 29, 2016 in this court, respectively, and was sentenced to a suspended sentence of two years on December 6, 2017.

Although the Defendant had been punished for drinking twice or more as above, on January 2, 2018, at around 21:58, the Defendant driven a DNA strawing car without a driver’s license, under the influence of alcohol level of approximately 0.124% at the section of about 2km from the front of the C cafeteria located in the Gu-U.S. city B to the front road of the Gu-U.S. Embromodong community service center in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

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

1. The fourth drinking driving is the reason for the sentencing of selective sentence of imprisonment.

In particular, the suspension of the execution of imprisonment with prison labor was not only one month but also re-offending, and not only the state of license but also the degree of blood alcohol concentration is also high.

Considering the time of the Defendant’s driving, the point of departure, and the destination, it is difficult to deem that there was any circumstance for direct driving.

No statutory penalty does not seem to be mitigated.

After attending the first day of trial, the cellular phone was temporarily set away.

Until now, even though the defendant was given a warning through several fines and suspended sentence of imprisonment, it seems that the defendant's prior action would not be more helpful.