A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Punishment of the crime

1. [Attachment 2013 Highest 1770] The Defendant was sentenced to six months of imprisonment and two years of suspended execution for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on November 28, 2013, and the judgment became final and conclusive on December 6 of the same year.

The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.117% on July 18, 2009 and under the influence of alcohol level of 0.212% on September 8, 2013 and violated the prohibition on driving a motor vehicle under the influence of alcohol level of 0.212% on at least two occasions.

On November 28, 2013, at around 09:40, the Defendant driven C-math Cargo Vehicles while under the influence of 0.097% of alcohol level without a driver’s license in front of the vehicle on the roads of the Guluri Plutool in the Gulung-si, Silsi.

2. [Attachment 2014 Highest 115] The Defendant is a person who has driven a motor vehicle under the influence of alcohol on September 8, 2013 with a blood alcohol concentration of 0.212% and with a blood alcohol concentration of 0.097% on November 28, 2013 and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

피고인은 2014. 1. 14. 05:25경 구미시 송원서로 8길 38 꼬쭈김밥 식당 앞 도로에서 자동차운전면허 없이 혈중알코올농도 0.211%의 술에 취한 상태로 D 뉴이에프 쏘나타 승용차를 운전하였다.

Summary of Evidence

[2013 Highest 1770]

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and copies of written judgments;

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident occurrence report, an acquisition-causing driver's license report, and a traffic accident report;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, copies of written judgments, etc., and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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