[2017 Highest 5599] On September 1, 2015, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of road traffic law at the Jung-gu District Court on September 1, 2015, and a fine of KRW 5 million at the same court on October 4, 2016, respectively.

On December 2, 2017, around 02:05, the Defendant driven BM5 car while under the influence of alcohol content of about 0.174% at a section of approximately 1.5m alcohol level from the street in front of the 633rd-ro, “Wing-ro, Wing-ro, Wing-ro, Ping-ro, Ping-ro, Ping-ro, the 633rd-ro, to the 193rd-ro, parliamentary, in the same city.

[2018 Highest 1211] On March 7, 2018, the Defendant driven a car with approximately 2 km section from 03:10 p.m. to 03:0 on March 7, 2018, under the influence of alcohol level of 0.073% during blood alcohol level without a vehicle driver’s license.

Summary of Evidence

[2017 Highest 559]

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Requests for appraisal of alcohol concentration and response to requests for appraisal during blood;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (verification of such type of force, etc.);

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. License register;

1. Application of statutes on site photographs;

1. Articles 148-2 (1) 1, 44 (1) (the point of drinking), 148-2 (2) 3, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the relevant Act on the grounds of criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act of a person on March 7, 2018 and a crime of violating the Traffic Act of a person on March 7, 2018, a crime of violating the Traffic Act of a road, and a crime of violating the Road Traffic Act of a more severe punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment heavier than that shall be made on December 2, 2017].