A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 17, 2009, the Defendant received a summary order of KRW 3.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and on September 1, 2014 from the Sungnam Branch of the Suwon District Court to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

The Defendant, “2015 Highest 2180”, even though the record of the violation of drunk driving was twice or more, was driving B-be under the influence of alcohol with approximately 10 meters alcohol level of 0.098%, without obtaining a driver’s license, from the front day of the Audio Gamba in Tae-dong, Gwangju, to the front day of the Sejong Metropolitan City, 271, at around October 7, 2015.

The Defendant, “2015 Highest 2300”, even though the record of the violation of drunk driving was twice or more, on October 5, 2015, the Defendant driven Bpoter trucks with approximately KRW 527 and KRW 0.122% of blood alcohol concentration at the section of about 1km from the front of the Taedong Enterprise Bank of Tae-dong, Gwangju to the front road of the Taedong Enterprise Bank of Taedong on October 5, 2015 without obtaining a driver’s license, and driving Bpoter trucks with the influence of alcohol concentration of about 0.12%.

Summary of Evidence

"2015 Highest 2180"

1. Defendant's legal statement;

2. Notification of the control of drinking driving;

3. "Governor of the driver's license".

1. Defendant's legal statement;

2. Notification of the control of drinking driving;

3. Previous convictions indicated in the driver's license ledger: Application of criminal records 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, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

2. Commercial concurrences and choice of punishment. Articles 40 and 50 of the Criminal Act.

3. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the violation of criminal conduct) is that the defendant repeats his/her punishment in a short period of time in that he/she is driving under the influence of alcohol.

However, it is necessary to reflect Defendant's crime and refrain from driving under the influence of alcohol again.