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 May 22, 2007, the Defendant received a summary order of KRW 3 million from the Jeju District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and on March 11, 2016, the Defendant was sentenced to a fine of KRW 1.5 million from the same court as a crime of violation of the Road Traffic Act (driving under the influence of alcohol).

On August 18, 2016, at around 22:45, the Defendant driven BM5 car under the influence of alcohol content 0.157% without obtaining a driver’s license from a section of about 500 meters, up to the front road of the entrance of the 92rd Jeju Interloiting, around 22:50 on the same day.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle without obtaining a driver's license in violation of it again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of criminal records and a copy of the judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant was issued two times due to the crime of drunk driving and unlicensed driving, and on March 11, 2016, even though he was sentenced to a fine due to the crime of drunk driving on March 11, 2016, the crime of this case was committed, and the crime of this case is very poor.