A defendant shall be punished by imprisonment for six 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 November 18, 2017, around 16:46, the Defendant driven a knife car with two-way alcohol concentration of about 0.152% while under the influence of alcohol without obtaining a driver’s license from about 5km section from around the Jeju urban bus terminal, which was located in 174, west-ro, Seo-gu, Jeju, to the 6-lane 58, yellow dust, Jeju, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site and accident vehicle photographs, and a survey report on the actual condition of traffic accidents;

1. Statement report on the circumstances of the driver in charge of driving (A) and inquiry report on the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds that the Defendant was issued a summary order of a fine of KRW 4 million for driving under the influence of alcohol in 2016, and the crime was discovered by causing an accident involving the former while driving under the influence of alcohol or without a license, as well as that of the Defendant’s crime in light of the fact that the alcohol concentration in blood was high at the time of the crime was also high.

However, the defendant has no criminal history exceeding a fine, and the record of punishment for drinking driving is also applied only once, and he/she does not commit a second offense against the crime.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the punishment shall be determined as per the order.