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

On January 8, 2013, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on October 27, 2016, a fine of KRW 2 million from the same crime in the same court. On December 21, 2018, the Defendant was charged with the foregoing crime under the summary name and has a record of drinking driving at least twice in the current trial.

At around 13:10 on January 31, 2019, the Defendant driven a Fcona car 100m from before Cmat in Jeju to E in Jeju, without a driver’s license, while under the influence of alcohol of 0.081% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act, reports on the violation of the Road Traffic Act, the status of drivers, the status of drivers, the report on the status of drivers, the register of driver's licenses, and administrative dispositions and inquiries by the main office;

1. Records and records before ruling: Criminal records, inquiry reports, investigation reports, summary orders, and the application of Acts and subordinate statutes to the copies of indictment;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed under the influence of alcohol without a license, and the crime of this case is disadvantageous to the Defendant, which committed the crime of this case while the Defendant was tried twice prior to the instant case and was under trial for the violation of the Road Traffic Act (amended by a summary order of KRW 5 million, May 10, 2019, which is after the instant case) (the Defendant received a summary order of KRW 5 million).

However, the defendant recognizes the facts charged and seriously reflects it.