A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 13, 2011, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Busan District Court on May 13, 201, and a fine of two million won for the crime of violation of the Road Traffic Act at the Busan District Court on August 28, 2015, and on November 25, 2016, the Defendant was sentenced to a suspended sentence of six months for the crime of violation of the Road Traffic Act at the Busan District Court on December 3, 2016.

On March 17, 2018, at around 03:06, the Defendant driven a NAS car at approximately 120 meters from the front of the Busan Construction Site to the front of D in Busan Construction Site, Busan Construction Site, and without a vehicle driver's license, while under the influence of alcohol concentration of about 0.136%, the Defendant driven the ENAS car without a vehicle driver's license.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Registers of driver's licenses;

1. Requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. The reason for sentencing the alternative sentence of imprisonment with prison labor is that the defendant had been punished three times for drunk driving as shown in the judgment of the court below, and the crime of this case was committed without being aware of even though he was under probation, and the blood alcohol concentration level is not low, and it is inevitable to sentence sentence in light of the process of detection of drunk driving in this case, circumstances after committing the crime, and escape after being released as bail during the trial.