[2018 Highest 766]

1. On August 29, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic laws at the Seoul Eastern District Court, and was issued a summary order of KRW 3 million for the same crime, etc. at the Seoul Central District Court on June 8, 2011, and was sentenced to one year for a suspended sentence of imprisonment with labor for the same crime at the Seoul Northern District Court on September 27, 2016.

On March 3, 2018, the Defendant driven a CM5 vehicle under the influence of alcohol content of 0.142% while under the influence of alcohol without obtaining a driver’s license from the street parking lot located in the kid-dong of Gyeonggi-si, the lower court at around 04:05, to the front road of the 674 restaurant “maghouse” located in the south of the same city.

[2018 Highest 957]

2. On April 27, 2018, around 19:50, the Defendant driven a CM5 vehicle without obtaining a driver’s license from the vice-president of the Cheongju-si, Chungcheongnam-si to the floor park in front of the funeral hall in the same city-dong from about 1km to the street street in front of the funeral hall in the same city-dong.

Summary of Evidence

[2018 Highest 766]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. The driver's license ledger;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (2017 highest 957);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity is an offense that may infringe not only on drivers but also the lives and bodies of citizens who use roads, and thus requires strict punishment.

The defendant has been punished several times for the same criminal records, but is again again.