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.

[2016 Highest 84] The Defendant was sentenced to a fine of one million won for a crime of violating Road Traffic Act (drinking) at the District Court on April 20, 2009, and a fine of seven million won for the same crime at the same court on July 7, 2014.

On October 22, 2015, the Defendant, without a driver’s license of a motor vehicle, driven a Cho-low vehicle at a section of about 50 meters from the front of the Gyeonggi-gu Gamsan cafeteria to the front of the same Eup/Myeon in the same 50-meter radius without a driver’s license, while under the influence of 0.15% alcohol during blood.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol without a driver's license.

[2016 Highest 191] On December 28, 2015, the Defendant: (a) without a vehicle driver’s license on December 15:30, 2015, operated a car by borrowing C from around about 200 meters in front of the agricultural road located in the Gyeonggi-gu Garo of Gyeonggi-gu to the front of the high-speed restaurant located in the same Ri.

Summary of Evidence

[2016 order 84]

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: A written inquiry and reply (2016 highest 191);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor for the choice of the punishment (with the history of punishment for drinking driving, consideration shall be given, such as the fact that not only committed each of the instant crimes but also repeatedly driving without the license, and that the blood alcohol concentration is relatively high);

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which reflects his/her wrong recognition and reflects his/her wrong recognition, and which has no record of the crime above suspended execution).