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 June 26, 2014, the Defendant received a summary order of KRW 4 million from the Jeju District Court to a fine of KRW 4 million for a crime of violating the Road Traffic Act, and on October 28, 2014, the Defendant received a summary order of KRW 3 million from the same court as a fine for the same crime.

On August 29, 2017, around 08:55, the Defendant driven a CSP car without a driver’s license in the state of under the influence of alcohol content of approximately 0.136% during blood while under the influence of alcohol at approximately 300 meters from the front of “Sarido Sarido” in the Do to the front of “Yajin Special Development” located in the same Dong.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and once again driven a motor vehicle without a driver's license in violation of Article 44(1) of the Road Traffic Act.

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;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, even though there was a previous record of punishment for two times or more due to drinking, as in the judgment of the reasons for sentencing of Article 62-2 of the Criminal Act, the driving of drinking again has been subject to punishment twice or more due to the non-licensed driving.

Nevertheless, it is highly likely to criticize again drinking and driving without a license.

In addition, various conditions of sentencing as shown in the arguments of this case, such as the timing of punishment and the details of punishment for driving under drinking, hours of driving under drinking, age of the defendant, sexual conduct, environment, circumstances after the crime, etc.