A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2016 Highest 257] The Defendant was sentenced to a fine of KRW 4 million on May 10, 2010 to a fine of KRW 2 million on June 1, 2010 for a violation of the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon Friwon.

Nevertheless, on April 18, 2016, the Defendant driven a B rocketing car with alcohol content of about 0.156% at the section of approximately 1km from around the 107 km to the 13-way road at the convenience store located in the voice group Sl. Sl. Around 22:20 on April 18, 2016, the Defendant driven a B rocketing car with alcohol content of about 0.156% at the same distance from the front of the convenience store to the same 13-way road.

[2016 Highest 732] On September 13, 2016, the Defendant driven C Poter Cargo at a section of about 2 km from the front side of the line close to the front side of the third-dong company located within the same hho Lake-ri, a mountain located within the front side of the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, without a driver’s license, to the front side of the third-dong company.

Summary of Evidence

[2016 Highest 257]

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. 112 Report processing, and driver's license ledger for motor vehicles;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history (2016 highest 732);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant has a history of having been punished several times for driving under drinking, and in particular, even though he/she was found to have driven under the high alcohol concentration in blood on April 18, 2016, he/she again drives without a license after the lapse of about five months from the date he/she was found to have been aware of the fact of driving under the high alcohol concentration in blood.