A defendant shall be punished by imprisonment for one year.

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 963] The defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving on September 29, 2011) in the Goyang Branch of the Jung-gu District Court on September 29, 201, and the defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving on June 5, 2013) in the Goyang Branch of the District Court on March 5, 2013.

【Criminal Facts】

1. On March 23, 2014, around 01:04, the Defendant driven a e-mail car under the influence of alcohol content of 0.150% without a driver’s license at a section of about 10 meters, running along the D restaurant parking lot located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu., with the front road in front of the said restaurant.

[2015 Highest 185] [criminal power] The defendant has a record of being sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving on September 29, 201), and a person who was sentenced to a fine of KRW 5 million for the same crime in the same court on June 5, 2013.

【Criminal Facts】

2. On January 11, 2015, at around 00:08, the Defendant driven a F Newsch Rexton car with approximately KRW 100 meters alcohol concentration 0.112% under the influence of alcohol without a motor vehicle driver’s license from the road near the transmission line in Seocheon-gu, Seocheon-si to the road near the transmission line in the same Dong from the road near the “inbound Underground Motor Vehicle” located in the same Dong.

Summary of Evidence

[2014 Highest 963]

1. Defendant's legal statement;

1. Each statement of G and H;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Investigation report (on-site confirmation of Cctv video works);

1. Records before judgment: Criminal records, etc. inquiry reports (2015 highest 185);

1. Defendant's legal statement;

1. Report on the result of drinking control;

1. Inquiry into driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records;

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. Violation of the Road Traffic Act by date (the crime of running sound driving) Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes