[2014 Highest 1882] The Defendant was under the influence of alcohol concentration of 0.242% on October 10, 2011, the Defendant driven a B-type cargo vehicle from the 2km section from the 114th parallel to the 76th parallel to the 76th parallel at the center of the same Gu, in the state of under the influence of alcohol concentration of 0.242% on the blood.

[2015 Highest 119] On August 30, 2014, the Defendant driven a bicycle lane, which is front of the bus stop due to the Heung-gu Seoul Special Metropolitan City, Seo-gu without the influence of alcohol level of 0.269%, while under the influence of alcohol level of 0.269% during blood.

Summary of Evidence

[2014 Highest 1882]

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on internal investigation;

1. On-site photographs, video CDs (2015 high group 119);

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement of control, report on the results of crackdown on drinking driving, and report on the circumstances of the driver of drinking;

1. An investigation report (a report on investigation into and reporting on the recording of the reporter's own telephone call);

1. Application of statutes on site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

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 Defendant, who had been punished several times due to drinking alcohol for the reason of sentencing in Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), repeated driving on August 30, 2014, which was under the influence of drinking on August 30, 2014, and has not yet been long long, due to repeated driving on October 10, 2014. The degree of alcohol concentration among blood of each crime is very high. Since the Defendant’s punishment was imposed on the bicycle lane or on the road, resulting in specific risks, such as being reported under the influence of driving on the bicycle lane or reporting under the influence of stopping on the road, and thus, the sentence is imposed.

Provided, That the punishment shall be determined in favorable consideration of the fact that the defendant has been punished only by a fine.