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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] The Defendant was issued a summary order of KRW 1.5 million on November 29, 2012, a fine of KRW 1.5 million on July 12, 2016, a summary order of KRW 1.5 million on July 12, 2016, and a summary order of KRW 7 million on August 25, 2016, respectively.
[1] On December 24, 2016, the Defendant, at around 08:40 on December 24, 2016, 2016, driven a C-eth alcohol car with approximately 0.097% alcohol concentration in blood without a vehicle driver’s license, from the road in front of the world of Sejong-dong in Suwon-si, Suwon-si to the road in front of the same Gu’s right to instigate 7m.
2. On February 25, 2017, the Defendant: (a) while under the influence of alcohol by 0.143% in blood without a vehicle driver’s license on February 25, 2017, the Defendant driven a vehicle C in the direction of the KB Non-Life Insurance in front of the KB Non-Life Insurance in approximately 2 kilometers away from the nive line of Korea located in the Suwon-si Transferdong at Suwon-si, Suwon-si to the road located in the same 945 kilometer.
Summary of Evidence
[Judgment 1] Facts 1, 2017 Highest 99]
1. Statement by the defendant in court;
1. A ledger of driver's licenses, a report on detection of drivers and a record of measurement;
1. Previous convictions in judgment: Three copies of a reply to inquiry, such as criminal history, and a summary order [the facts of the judgment No. 2, the second sentence of 2017, 1203];
1. Statement by the defendant in court;
1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;
1. Previous conviction: A prosecutor applying the Act and subordinate statutes, such as inquiry into criminal history, investigation report (a summary order and attachment of indictment), sought a confiscation of the vehicle and the key of the vehicle operated by the defendant.
A motor vehicle driven at the time of committing a crime of drinking is also subject to confiscation as “goods provided for a crime” under Article 48(1)1 of the Criminal Act. However, such sunset cannot be always permitted, and it is subject to restrictions in accordance with the principle of proportionality applicable to the Criminal Act (see Supreme Court Decision 2012Do1586, May 23, 2013). A motor vehicle is its property value in general public.