A defendant shall be punished by imprisonment for not more than ten 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

On May 26, 2011, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch. On July 19, 201, the Defendant was sentenced to imprisonment with prison labor for 6 months and suspension of execution for the same crime.

[2015 Highest 723] Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on March 5, 2015, at around 04:00, the Defendant driven the E-benz car under the influence of alcohol by 0.19% of blood alcohol concentration at around 118 to the front road of the 118 Lanbyan City as a citizen at around 04:15, around the same day.

[2015 Highest 771] Although the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act two or more times, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 5km from about 5km to about 0.149% in the direction of the road in front of the active public parking lot located in 263 Seo-gu, Sungnam-gu, Sungnam-si on February 18, 2015 to about 10:50 on the same day.

[2015 Highest 1604] Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on March 13, 2015, at around 06:57, the Defendant driven a benz car owned by the Defendant without a driver’s license under the influence of 0.079% of alcohol concentration on the front of the public parking lot in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul at around 195, under the influence of alcohol concentration at around 0.079% in front of the military unit.

Summary of Evidence

[2015 Highest 723]

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving [2015 orderly71];

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving [2015 order 1604];

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The register of driver's licenses (previous record on market);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the judgment, etc. punished for the same case);

1. Relevant provisions of Article 148-2 (1) of the Road Traffic Act concerning criminal facts;