A defendant shall be punished by imprisonment for not less than eight 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

[2014 Highest 1941] On March 15, 2014, the Defendant driven B car under the influence of alcohol content of 0.20% 0.20%, without a driver’s license, from the date front of the Folk Folk Point, which is inciting the right-holder at Suwon-si, to the front road of the suspender, which is located at No. 683-ro 42, Suwon-si, Suwon-si, Suwon-si, the amount of approximately 400 meters from the day before the Folk Folk Point, which is inciting the right-holder.

[2014 Highest 3342] On November 19, 2010, the Defendant received a summary order of KRW 7,000,000 from the Suwon District Court on the charge of violating the Road Traffic Act (driving). The Defendant conducted a drunk driving as stated in the above case 2014 Highest 1941, and violated Article 44(1) of the Road Traffic Act more than twice.

On April 27, 2014, at around 22:50, the Defendant: (a) driven a car in the state of alcohol alcohol concentration of approximately 0.122% without a car driver’s license from approximately 500 meters to the front road of the Eastern High School located in 242-2, Yongsan-si, Busan Metropolitan City, 242-2.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Each host driver report;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. A driver's license inquiry;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (attached to the previous convictions, indictments, etc.);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62(1) of the Criminal Code of the suspended execution is short of the above, despite the fact that the defendant was punished for a three-time drinking driving.