A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[2014 Highest 1350]

1. Around 05:45 on November 26, 2013, the Defendant driven a CKaman car under the influence of alcohol content of 0.211%, while under the influence of alcohol content, from the beginning to the front road of the white-gu, Soyang-gu, Seoyang-gu, Soyang-si to the 0.211% of alcohol content.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the said car without the driver’s license at the time and place set forth in paragraph 1.

[2014 Highest 1626] On May 31, 2012, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on May 31, 2012, and was prosecuted on July 3, 2014 by the same court as a crime of violating the Road Traffic Act (driving).

On June 14, 2014, around 08:39, the Defendant driven a DNA SM5 car under the influence of alcohol content of 0.081% without obtaining a driver's license from a section of about 500 meters in the direction of the public health clinic in Yongsan-gu, Busan Metropolitan City, Busan Metropolitan City to the five apartment complexes of the same mountain village.

Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.

[2015 Highest 411] On February 11, 2015, the Defendant driven the EM5 vehicle from the front day of the Sinyang-gu Busan Metropolitan City Public Health Center "Ysan-dong" to the front day of the same 'Meat City' road without obtaining a driver's license on February 11, 2015.

Summary of Evidence

[2014 Highest 1350]

1. Defendant's legal statement;

1. The blood alcohol appraisal report and the driver's license register;

1. Defendant's legal statement;

1. A report on detection of drivers and a driver's license ledger;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (verification while pending a trial in the same case), copies of indictments, and details of the progress of the case [2015 order41];

1. Defendant's legal statement;

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

1. Relevant provisions concerning facts constituting an offense;