A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2015Kadan467] The Defendant was sentenced to a fine of KRW 1.5 million on November 13, 2008, and a fine of KRW 2 million on September 24, 2009 by the same court for the same crime, etc. in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On March 12, 2015, at around 21:25, the Defendant driven a C motor vehicle while under the influence of alcohol with approximately KRW 0.094% of blood alcohol content without a driver’s license from the 1km section from the 31-17-17-Jari-ri, Songjin-si, Songjin-si to the roads from the 31km-ri to the nicker in the same Eup.g., the Eup.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle under the influence of alcohol without a driver's license in violation of the above provision.

[2015고단480] 피고인은 2015. 5. 23. 11:30경 당진시 신평면 상오리에 있는 ‘집불산꼼장어’ 식당 주차장에서부터 같은 면 거산리에 있는 32번 국도 예산-합덕 방면 IC에 이르기까지 약 1.5km 구간에서, 자동차 운전면허 없이 혈중알코올농도 0.178%의 술에 취한 상태로 C 봉고 프론티어 화물차를 운전하였다.

As a result, the defendant violated the prohibition of drunk driving at least twice, and drives a motor vehicle under the influence of alcohol without a driver's license in violation of the above provision.

Summary of Evidence

[2015 Highest 467]

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, etc. inquiry reports (2015 highest 480);

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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