A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 5, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving), a fine of KRW 5 million at the Daejeon District Court on March 23, 2015, a fine of KRW 5 million for the same crime, etc. at the Daejeon District Court on March 23, 2015, and a fine of KRW 7 million at the Chungcheong District Court on August 30, 2016, respectively.

On March 3, 2018, at around 04:03, the Defendant, without a driver’s license, driven a vehicle with low alcohol level of 0.085% in blood, from the front of a mutual influence restaurant located in the Gung-gu Bungdong-gu, Cheongju-si to the front road of the terminal distance of approximately 1 1km, as the Defendant was under the influence of alcohol level of 0.085% in the blood without a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a written investigation into actual conditions, and a arrest report on the occurrence of a incident;

1. Notification to a department related to the report of 112 cases and an explanatory report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Driving under drinking repeatedly even though he/she has been punished by a fine on several occasions due to the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and order to attend lectures or the order to provide community service order;

o. Recognizing misunderstandings and reflects, o and other sentencing conditions in Article 51 of the Criminal Code are set as ordered by considering the sentencing conditions.