(영문) 대전지방법원 2018.04.13 2017고단4495



A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On February 12, 2008, the Defendant was punished by a fine of 500,000 won for a violation of road traffic laws (drinking driving) at the Daejeon District Court on July 21, 2014, by a fine of 1 million won for a violation of road traffic laws (drinking driving) at the same court on July 21, 2014, and on October 31, 2016, by a fine of 5 million won at the Chungcheong District Court on October 31, 2016.

On October 15, 2017, the Defendant driven BM5 vehicles under the influence of alcohol content of about 0.075% while under the influence of alcohol without obtaining a driver’s license in a section of approximately 300 meters in front of the mutual influent restaurant in Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment) and a result of inquiry;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of traffic Acts with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., that the defendant reflects his/her mistake

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed circumstances specified in mitigation of punishment);

1. It is so decided as per Disposition on the grounds that an order to attend a lecture is not less than 62-2 of the Criminal Act;