Text
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.
Reasons
Punishment of the crime
1. On July 12, 2017, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating Road Traffic Act (dacting driving) in the Gwangju District Court’s net support on April 18, 2008, and a fine of KRW 2.5 million for the same crime in the same court on November 5, 2008, respectively.
On July 12, 2017, around 21:54, the Defendant driven a C low-speed car while under the influence of alcohol concentration of about 2 km from the front of the Manyang-si 5-ro Manyang-si to the police station located in the Manyang-si Manyang-si Manyang-si Manyang-si (Mayang-si) at approximately 0.209%.
2. On October 14, 2017, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving) at the net support of the Gwangju District Court on April 18, 2008, and a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on November 5, 2008, respectively.
On October 14, 2007, the Defendant, without obtaining a driver’s license for a vehicle at around 18:45, driven C rocketing car from the front of a mutually influent cafeteria to the road front of the same Eup/Myeon in the same city, under the influence of alcohol level of 0.062% during blood.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and once again drives a motor vehicle under the influence of alcohol in violation of this provision.
Summary of Evidence
[2017 Highest 2201]
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiry into criminal history, investigation report (Attachment to a copy of a judgment of drinking driving), and text of judgment [2017 order 2857];
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: Inquiry into criminal history, investigation report (the records of driving the same kind of drinking alcohol and the facts during the trial), and application of the text of the judgment;
1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting a crime under the relevant Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act.