A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On November 6, 2014, the Defendant was sentenced to a suspended sentence of two years for 8 months due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon on November 6, 2014. On September 8, 2016, the Defendant was sentenced to a fine of 8 million won for a violation of the Road Traffic Act (drinking driving) and was sentenced to a fine of 8 million won or more for a violation of the Road Traffic Act.

On June 8, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a Cmast motor vehicle at the 3km section of approximately 4 km to the road of about 22 km in front of the same Eup/Myeon, in the shape of alcohol level of 0.131% in blood while under the influence of alcohol level of 0.131% in blood, and driving a Cmast motor vehicle at the 3km section in front of the same Eup/Myeon as the 3km in front of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Inquiries about details of cancellation of driver's license;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (former and previous decisions and binding copies of summary orders);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The reasons for imposing selective sentence of imprisonment with prison labor are as follows: six times a fine for the same kind of crime after 2000 and one time a suspended sentence has been imposed.

In particular, as before the judgment, the crime of this case was committed again while one year has not passed since the person was sentenced to a fine due to driving of drinking while being under suspension of execution due to driving of drinking, such as before the judgment.

In addition, the defendant was able to avoid the crime of this case by using a substitute driving or requesting the neighboring people, but he/she was able to return home after drinking without any special reason.