A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

[2017 Highest 611] On March 9, 2017, the Defendant driven a Dsch Rexton car with approximately 100 meters alcohol level 0.118 percent alcohol level from the front of the real estate that is easy to move for Pyeongtaek-si at around 19:40 to the front road of about 448-8.

[2017 Highest 1134] On March 2, 2015, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving in Drinking) at the Suwon District Court’s House on March 2, 2015. On March 16, 2017, the Defendant filed a request for a summary order of KRW 4 million for the same offense with the same court.

On April 27, 2017, the Defendant driven the E-motor vehicle under the influence of alcohol content of 0.081% without obtaining a driver’s license, from the front of the convenience store located in Pyeongtaek-si dead and white-dong at around 14:58 to the front of the chill-dong located in the same time in the same time shot-dong, while driving the vehicle under the influence of alcohol content of 0.081% without obtaining a driver’s license.

As a result, the Defendant, even though he violated the prohibition on driving under the influence of alcohol more than twice, was driving a motor vehicle again while under the influence of alcohol and at the same time driving without obtaining a driver's license.

Summary of Evidence

[2017 Highest 611]

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. G’s statement and a statement on the circumstances of the driver’s state [1] The defendant and his defense counsel are unlawful in the process of the so-called alcohol alcohol measurement, and the evidence produced during the process is inadmissible as evidence collected illegally, and there is no other evidence to prove the fact of the driver’s drinking. However, even if it is not necessary for traffic safety and prevention of danger, when considering the objective circumstances at the time of the request for a alcohol alcohol measurement, the driver driven a motor vehicle under the influence of alcohol.

If there is a reasonable ground to determine a person and it is necessary to confirm whether a driver drives a drinking, he/she may confirm the driver's drinking according to an ex post facto measurement of drinking.