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

Punishment of the crime

[criminal power] On February 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Jeju District Court on June 2, 2015, and the judgment became final and conclusive on the 24th of the same month, and is currently under the suspended sentence, and is sentenced to a fine of five million won on October 11, 2012, and has the record of violating Article 44(1) of the Road Traffic Act more than twice.

【Criminal Facts】

On May 20, 2016, the Defendant, while under the influence of alcohol 0.132% of blood alcohol concentration on May 20, 2016, driven C Lasta car at the 1km section from the south side of the wing apartment located in the wing-si in Jeju-si without obtaining a driver’s license, to the roads near the 1km-ro 19th in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. On-site photographs;

1. Reporting on detection of drivers of violations of the Road Traffic Act;

1. Previous records of judgment: The application of inquiry reports and investigation reports (52 pages of investigation records) Acts and subordinate statutes, including criminal records;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: After the Defendant was sentenced to a fine of four times for the same kind of crime (a fine of four million won for a drunk driving on December 21, 2009, a fine of four million won for a drunk driving on June 5, 2012, a fine of five million won for a drunk driving on October 11, 2012, a fine of five million won for a drunk driving on August 10, 201, a fine of five million won for a refusal to measure alcohol on August 10, 2014, and a fine of five million won for a refusal to measure alcohol on August 10, 2014), the Defendant was sentenced to a suspended sentence of imprisonment on February 12, 2015.

In addition, in the case of the above criminal records, most of the blood alcohol content was driven in the state of drinking, such as 0.173% and 0.126%, and at the time of committing the crime of refusing to take a alcohol measurement, traffic accidents are regulated.