A defendant shall be punished by imprisonment for not less than eight 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 July 31, 2009, the Defendant was issued a summary order of KRW 700,000 by the Jeju District Court for a crime of violation of the Road Traffic Act, and on March 23, 2012, the Defendant was sentenced to a fine of KRW 5 million by the same court.

On October 16, 2016, at around 06:43, the Defendant was under the influence of alcohol with 0.169% of blood alcohol concentration, without obtaining a driver’s license, and the Defendant was driving a BA-purt-purd car at a level of 50 meters from the Do in front of the wurf in the Jeju-si linkage to the front of the Pungst Sea State in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, related photographs, and the results of the crackdown on drinking-driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

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 driving under the influence of alcohol not less than three times), 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 and choice of punishment: Articles 40 and 50 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

The circumstances unfavorable to the reasons for sentencing: The blood alcohol content is considerably high, the same previous conviction and 4 times ( ① a fine of 700,000 won with the Jeju District Court for the violation of the Road Traffic Act on July 31, 2009; ② a fine of 500,000 won with the Jeju District Court for the violation of the Road Traffic Act on March 23, 2012; ③ a fine of 1 million won with the Jeju District Court for the violation of the Road Traffic Act (Unlicensed Driving) on May 11, 2015; ④ a fine of 300,000 won with the Jeju District Court for the violation of the Road Traffic Act on September 7, 2015)