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

On October 16, 2013, the Defendant received a fine of KRW 3 million for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon on October 16, 2013, and received a fine of KRW 4 million for the same offense in the same court on December 19, 2016.

On February 21, 2017, at around 23:45, the Defendant driven B rocketing car under the influence of alcohol content of 0.082% while under the influence of alcohol without obtaining a driver’s license from approximately 100 meters in a section from the front of a mutually influent restaurant located in the Jingu-si, Simpo-si to the 32-gil 9-3 dead-Ma, Simpo-dong in the same city to the studio-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

around 20:35 on June 16, 2017, the Defendant driven the B rocketing car without the driver’s license from the direction of the rooftop to the front road of all Gupo-dong apartment units located in the same Gupo-dong in the same Gupo-dong.

Summary of Evidence

"2017 Highest 418"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. References to inquiries, such as criminal history, investigation reports (reports on attachment of criminal records to the same type of crime), text of judgment, and two copies of summary order “2017 Highest 892”;

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses and the details of revocation of driver's licenses to statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 (the point of driving without each license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.