A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On December 14, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic law (driving alcohol) at the Jeju District Court. On November 23, 2017, the Defendant was sentenced to a fine of 3 million won for the same crime in the same court. On February 12, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution.

[Criminal facts] On April 8, 2018, the Defendant driven B Ethp car in the state of alcohol with approximately 0.156% alcohol concentration in blood at approximately 15km from the 15km section to the shoulder park, which is located in 174, Seo-si, Seo-si, Seo-si, Jeju-si without a driver’s license of a motor vehicle at around 18:30 on April 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver in charge of driving (A) and notification of the results of regulating drinking driving;

1. The ledger of driver's licenses;

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 (verification of previous convictions);

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. The Defendant’s reason for sentencing alternative to imprisonment with prison labor is against the recognition of the instant crime.

However, in light of the fact that the Defendant was sentenced to three times from around 2009 to around 2017 due to drinking or non-licensed driving, and that the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution at the Jeju District Court on February 12, 2018, but was sentenced to two years of suspended execution, the Defendant’s crime was heavier than that of the Defendant in light of the fact that he was driving without a drinking license at the time when two months have not elapsed.

In addition, all the circumstances, such as the background leading up to the Defendant to commit the crime, alcohol concentration at the time of committing the crime, age, health condition, environment, and circumstances after committing the crime, etc.