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

Punishment of the crime

[Power of crime] On March 27, 2014, the Defendant was sentenced to imprisonment for five months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act at the Jeju District Court on July 30, 2014, and was released on July 30, 2014 and the parole period has expired on August 26, 2014. On January 27, 2016, the Defendant was issued a summary order of KRW 2 million by the same court due to a violation of the Road Traffic Act.

[2] On September 18, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on September 20, 2016, driven the Clive motor vehicle owned by the Defendant in the two kilometers section of approximately two kilometers from the Jeju-si funeral ceremony parking lot located in the Jeju-si, Jeju-do to the front of the “Seoul Agro-Ba” road moving in the same Do.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (prior convictions in the same case), summary order and copy of judgment, and inquiry into the Acts and subordinate statutes of expropriation;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of punishment: Imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Reduction: The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act does not need to repeat the crime of this case even if he/she recognizes all of the facts of the crime of this case;

It is favorable to the defendant.

However, on March 27, 2014, the Defendant, while driving a drinking alcohol on a day-to-day basis, was faced with an accident leading to shocking victims of the crosswalks.