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

[2013 Highest 4118] On September 21, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court’s subsidiary branch on September 21, 2009, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 31, 2011.

On September 17, 2013, at around 21:58, the Defendant driven a B rocketing car with a blood alcohol content of about 0.150% under the influence of alcohol without obtaining a driver’s license from the front side of the mutually aesthetic restaurant located in the Southern-dong, Chungcheongnam-gu, Daejeon to the front side of the Seosan farm restaurant located in the Daejeon Middle-gu, Daejeon.

[2014 Highest 698] On January 19, 2014, at around 06:10, the Defendant driven a B rocketing car with a blood alcohol content of 0.15% under the influence of alcohol without obtaining a driver’s license from around 3km-dong, Seo-gu, Incheon to the front road of 182, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each written report on the results of the control of drinking driving and each driver's license;

1. Application of statutes concerning criminal records and copies of each summary order;

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 for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In light of the fact that the defendant had the record of drinking driving twice for the reasons of sentencing under Article 62-2 of the Criminal Act of probation and community service order, and committed each of the instant crimes over twice, the defendant's responsibility for the crime is unlimited, but it has the record of being punished more severe than the fine so far and other criminal records.