A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On June 24, 201, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Jeju District Court on May 30, 2013. On May 18, 2015, the Jeju District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on May 18, 2015.

[2] On June 14, 2017, the Defendant: (a) on June 14, 2017, around 23:30, as a man of Jeju-si without a vehicle driver’s license, and (b) on the 150-meter section from the 14th road to the road before the “Convention Center” located in Jeju-si Fluence, the Defendant transpied C with alcohol content of 0.148% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report attached to such previous decisions, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is against the recognition of the instant crime.

However, even though the Defendant was sentenced to imprisonment for 10 months or 2 years of suspended execution due to driving without a license from around 2000 to around 2016, and the Defendant was sentenced to imprisonment for 10 months or 2 years of suspended execution due to driving without a license, etc., but the judgment became final and conclusive on April 14, 2017, the Defendant was driving under a drinking without a license for two months only after the judgment became final and conclusive.

The sentencing conditions, such as the defendant's age, health status, environment, and circumstances after the crime, shall be determined by taking into account all the circumstances, together with the order.