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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2014 Highest 331] On January 15, 2013, the Defendant received a summary order of KRW 3 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Port Branch of the Daegu District Court on January 15, 2013, and on April 1, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

피고인은 2014. 2. 14. 10:33경 포항시 남구 오천읍 문덕리에 있는 준양참마을 앞 도로에서부터 같은 리에 있는 신흥퀸스빌 앞 도로에 이르기까지 약 300m 구간에서 자동차운전면허를 받지 아니하고 혈중알코올농도 0.090%의 술에 취한 상태로 B 오피러스 승용차를 운전하였다.

[2014Kadan442] On January 15, 2013, the Defendant received a summary order of KRW 3 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Port Branch of the Daegu District Court on January 15, 2013, and on April 1, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

At around 02:20 on April 28, 2014, the Defendant driven B 00% alcohol level 0.170% under the influence of alcohol level, without obtaining a driver’s license, from approximately 100 meters away from the front of the Gancheon-gu, Chungcheongnam-gu, Seoul Metropolitan City, to the front of the Jacheon-dong road located in the same Gu.

Summary of Evidence

[2014 Highest 331]

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to a summary order);

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of a drinking driver, inquiry into the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order, etc.);

1. Relevant Articles 148-2 (1) 1, 44 (1) (a point of sound driving) and 44 of the Road Traffic Act concerning the facts constituting an offense, respectively;