A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 28, 2005, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on July 2005, and four months by the same court on May 20, 2008. On April 12, 201, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act (driving) and completed the sentence on November 12, 201 by the same court.

On April 24, 2013, at around 23:05, the Defendant driven the Cunstststal vehicle owned by the Defendant under the influence of alcohol 0.271% of blood alcohol concentration from approximately 6 km to the roads in front of the village, both of which are located in the Ji-si Port and the parking lot located in the Namwon-si Port, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc., a reference inquiry report, a copy of an investigation report (a copy of a judgment, etc. attached thereto), and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Article 35 of the Criminal Act for repeated crime committed the crime of this case is against the perception and mistake of the defendant, and considering the fact that the defendant disposed of the vehicle driven at the time of the crime, the defendant was punished for drinking and driving without a license, and the defendant committed the crime of this case even though he was sentenced to a punishment due to drinking and driving without a license, and even though he was under repeated crime, he committed the crime of this case. In addition, it is inevitable to sentence the defendant on the ground that it caused drinking alcohol and traffic accidents at the time of the crime of this case.

However, the traffic accident is the only accident of the vehicle driven by the defendant, and the age, character and conduct, family relationship, occupation and environment of the defendant in favor of the defendant above, and the crime of this case.