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

Punishment of the crime

On October 6, 2016, the Defendant was sentenced to imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Jeju District Court on August 6, 201, and the said judgment became final and conclusive on October 14, 2016.

On December 14, 2009, the defendant was sentenced to a summary order of a fine of two million won by the same court as a crime of violating the Road Traffic Act, and on May 20, 201, the defendant was sentenced to six months by imprisonment with prison labor by the Jeju District Court for a crime of violating the Road Traffic Act, and has the records of violating Article 44 (1) of the Road Traffic Act not less than twice.

On September 16, 2016, around 21:50 on Jeju Island, the Defendant driven a Mean vehicle at D with alcohol level of about 0.220% while under the influence of alcohol level of about 50 meters in the section of approximately 500 meters from the front of the “Annyang Dock,” which is located in the same city-based Do.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, circumstantial report on a drinking driver, inquiry into the result of the crackdown on drinking driving, relevant photographs and investigation report;

1. Previous convictions indicated in judgment: Criminal records, each inquiry into the results of the control of drinking and driving, and application of Acts and subordinate statutes to report criminal investigations (written confirmation twice the sound records);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Discretionary mitigation: It shall be decided as per the disposition for reasons not less than Article 53 or 55 (1) 3 of the Criminal Act;

The circumstances unfavorable to the reasons for sentencing: Imprisonment with prison labor of the Jeju District Court, such as the fact that the instant drinking driving was conducted in the appellate trial of the final judgment, the fact that the blood alcohol concentration was caused by the accident while avoiding the control of the drinking driving, the fact that the blood alcohol concentration was very high, the crime of violating the Road Traffic Act on February 16, 201, and the crime of violating the Road Traffic Act on May 31, 2005, and the crime of violating the Road Traffic Act on May 14, 2006, and the crime of violating the Road Traffic Act on December 14, 2009 (the fine of the Jeju District Court for the crime of violating the Road Traffic Act on February 14, 2009).