A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 26, 2019, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's smuggling support on September 26, 2019, and the judgment became final and conclusive on October 5, 2019 and is currently under suspension of execution.

On November 12, 2019, at around 19:43, the Defendant driven an E 7 vehicle while under the influence of alcohol leveling 0.235% without obtaining a driver's license in a section of about 1km in the vicinity of D at the same time on the roads adjacent to D, D in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inspector of a traffic control police officer;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to the records of the same kind of suspect, judgment, etc.);

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

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

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 leads to the instant crime during the suspended execution period of one month or more from the date on which the Defendant was sentenced to a suspended sentence for the same crime, and the judgment became final and conclusive, and the amended Road Traffic Act strengthened punishment for the crime of drunk driving under the current Road Traffic Act, and committed the instant crime again without being among the Defendant among the high social awareness thereof, and the occurrence of a traffic accident among the instant crimes, and the Defendant’s blood alcohol concentration at the time of committing the instant crime is also high. In light of the circumstances unfavorable to the Defendant, such as the following: