[2015 Highest 1642] [criminal history] The defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Jeju District Court on October 2, 2014, and on July 9, 2015, the court was sentenced to a suspended sentence of KRW 4 years for eight months due to a crime of violating the Road Traffic Act (drinking). The judgment becomes final and conclusive on July 17, 2015, and is currently under a suspended sentence.

[Criminal Facts] On July 22, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on July 22, 2015, driven a Cone Star Skick Cor at a level of about 50 meters on the front of the “electric sea hotel” located in Jeju-si 16-ro 16 ( annually dong), from the front of the “former bean or Sweed Sweed Sweed a New Dok,” which is located in Jeju-ro 11-ro 38 ( annually dong), under the influence of alcohol level 0.076% during blood.

[2016 Highest 10] On November 14, 2015, the Defendant driven Dsch Rexton car at a section of about 300 meters for the same time from the locked hotel in the Jeju-si hotel without a driver’s license to the oil shopping path connected to the same time.

Summary of Evidence

[2015 Highest 1642]

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Registers of driver's licenses (2016 Height 10);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Application of inquiry statements, investigation reports (Attachment to relevant judgments), and other written judgments, such as criminal history;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of a maximum of punishment);

1. Reduction: The defendant, with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, has been sentenced to a fine not exceeding four times only after 200 years since the same crime, and the defendant has been sentenced to a suspended sentence on September 5, 200.