A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On November 29, 201, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law in Daegu District Court racing support, and on November 5, 2015, the Defendant was sentenced to two years of suspension of execution in October and on November 13, 2015, entered in the written indictment as “the date of November 3, 2015.” However, according to the following evidence, it is evident that the Defendant is a clerical error as “the date of November 13, 2015.”

Defendant

Since there is no particular problem in guaranteeing the right of defense, it shall be corrected and recognized ex officio without changes in indictment.

This ruling has become final and conclusive and is still under probation.

[Criminal facts] On June 15, 2016, the Defendant driven CAW-lurged vehicle under the influence of alcohol concentration of about 0.274% while under the influence of alcohol level 0.274% in a section of about 10km from the frontway of the Nam-gu B B-L, Nam-gu, Seoul, to the frontway of the 64-hon route of the same Gu enz.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, a report on the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to a report on criminal investigations (verification of the period of suspension of execution and reporting accompanied by the same kind of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. There are extenuating circumstances, such as the following: (a) the ordinary concurrence; (b) the punishment imposed on a person who commits a crime under Article 40 or 50 of the Criminal Act (the punishment imposed on a crime of violating the Road Traffic Act due to heavy drinking driving; (c) the punishment is imposed; and (d) the criminal defendant's recognition of the crime; and (e) the occurrence of a traffic accident.

However, this case is disqualified for the suspension of execution because the defendant was sentenced to a suspended sentence due to drinking or driving without a license and was under the suspension of execution without being familiar with him.