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

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

Punishment of the crime

【The Defendant was sentenced to a fine of KRW 1.5 million in the Jeju District Court on October 16, 2007 due to a violation of road traffic law (drinking), etc. on November 29, 2012, five million won in the same court as the same crime, etc. on July 17, 2014; and seven million won in the same court on September 18, 2014.

【Criminal Fact-finding on October 4, 2015, the Defendant driven a C-car under the influence of alcohol content 0.125%, without a vehicle driver’s license, at a section of about 3km from the front road of the Jeju-do University heating Research Institute located in the same city-ri-dong, Seopo-si, Seopo-si, Seopo-si on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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 punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: The crime is not good in light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act ( Taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the statement of the following sentencing) committed the instant crime without any awareness of the fact that the defendant had been sentenced to a fine for the same kind of crime four times, even though he was sentenced to a fine, and that the blood alcohol concentration is considerably high.

It seems that the Defendant had not had any particular awareness of drinking and driving without a license, which may cause death or injury to other persons due to being sentenced to a fine even for the same kind of crime that has been repeated.

Considering these circumstances, this situation shall be taken into account.