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

[2013 Highest 2881] On July 13, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 13, 2012. On August 19, 2013, the Defendant was charged with the same crime in the Seoul Eastern Police Station.

(B) On October 19, 2013, the Defendant was charged with driving a electric vehicle, which was not registered under the influence of alcohol with 0.216% of the blood alcohol concentration at the front of the 186 east-dong, Songpa-gu, Seoul, 5:45 on October 19, 2013.

[2013 Height3236]

1. Around 06:40 on August 19, 2013, the Defendant driving a electric vehicle that was not registered under the influence of alcohol concentration of 0.167% at a 3km-dong 600-dong, Songpa-gu, Songpa-gu, Seoul at the front of the 600-dong, the same road.

2. A motor vehicle violating the Motor Vehicle Management Act should not be operated on the road without being registered in the motor vehicle register. However, the Defendant operated the electric vehicle without being registered in approximately 3 km section as described in paragraph 1 at the same time and place as that described in paragraph 1.

Summary of Evidence

[2013 Height2881]

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. Photographs of an accident vehicle;

1. Records of drinking tests, reports on the circumstantial statements of drinking drivers, and reports on the detection of drinking drivers;

1. Records of judgment: References to criminal records and investigation reports (Attachment to a copy of the judgment);

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Control note;

1. On-site and moving photographs;

1. Application of the Acts and subordinate statutes for inquiry (related to premises transport vehicles for industrial use);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) When a person drives a motor vehicle under the influence of alcohol at least twice (in the case of operating a motor vehicle under the influence of alcohol by a person who has violated the provisions of the Road Traffic Act prohibiting the driving of alcohol at least twice): Articles 148-2(1)1 and 44(1)2 of the Road Traffic Act;