A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On May 2, 2013, the Defendant received a summary order of KRW 7 million from the Jeju District Court to a fine of KRW 7 million due to a violation of the Road Traffic Act (dacting driving), and on June 7, 2013, the same court issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (dacting driving).

On August 10, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of violating road traffic law at the Jeju District Court on August 10, 2016, and the sentence became final and conclusive on August 18, 2016, and is currently under suspended sentence.

[Criminal facts] On March 12, 2017, the Defendant driven an E Sp-type car from around the front of the Defendant’s house located in Jeju-si without a driver’s license to the front of the restaurant “Nom-type Ga” located in the Nom-dong around that time.

On March 12, 2017, the Defendant, without a driver’s license, driven a car at approximately 300 meters from the front of the restaurant to the front of the clock cafeteria in the Nowon-dong while under the influence of alcohol of 0.154% of alcohol during blood, without a driver’s license, at around 21:27.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Investigation report (verification of drinking or driving distance without a license);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violating the Traffic Act on March 12, 2017 and the crimes of violating the Traffic Act on March 21, 2017 and the traffic Act on roads);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (the crime is committed)