A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 6, 2006, the Defendant was sentenced by the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million for the same crime in the same court on July 18, 201, and a fine of KRW 8 million for the same crime in the same court on December 23, 2014.

On December 8, 2015, the Defendant did not obtain a driver’s license of a motor vehicle on or around 02:10 on December 8, 2015, and driven a B-Scar car owned by the Defendant at approximately 4 km from the New Jeju Island, which is linked to Jeju city, with alcohol content of 0.140% during blood, to the gas station located in the south-do of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Sovereign photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, a copy of the judgment No. 18856 of the Jeju District Court Decision No. 2006;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is not good for the defendant to drive under the influence of alcohol while his/her driver's license is revoked, and the alcohol concentration in blood is higher than 0.140%, and the fact that the defendant was sentenced to a fine three times due to drinking driving is disadvantageous to the defendant.

However, the defendant's confession of all the crimes of this case and reflects his mistake, and is more severe than the fine due to the same kind of crime.