A defendant shall be punished by imprisonment for not less than one year and six 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

[2019 Highest 4008] The defendant was issued a summary order of 1.5 million won as a crime of violating the Road Traffic Act in the Changwon District Court on July 9, 2013.

Nevertheless, on August 8, 2019, the Defendant again driven a B-D vehicle at approximately 500 meters away from the roads near the new-dong Station in Yangcheon-gu, Seoul to the roads front of the new-dong 30-ro 13,00 new-dong 4, Seoul, while under the influence of alcohol of 0.106% of blood alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

[2019 Highest 5949] On July 9, 2013, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act in the Changwon District Court's Masan Branch on July 9, 2013. On August 20, 2019, the Defendant was indicted to the Seoul Southern District Court as a crime of violation of the Road Traffic Act (driving) and is still pending trial.

Nevertheless, at around 01:15 on October 11, 2019, the Defendant, without a driver’s license, driven a B-Ed vehicle from the 2km section from the roads of the Guro-gu Seoul Metropolitan Government to the roads of the same Gu, while under the influence of alcohol by 0.104% of alcohol level without a driver’s license.

As a result, the Defendant driven a motor vehicle without a driver's license, and violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

[2019 Highest 4008]

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. A statement of criminal records, etc., and a copy of the summary order (2019 altitude59);

1. Defendant's legal statement;

1. A report on actual condition, a report on the results of the control of drinking driving, a video CD in black boxes, and the register of driver's licenses;

1. A statement of criminal records, a copy of the summary order, and the application of statutes to the indictment;

1. Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. Selection of each sentence of imprisonment;