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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 23, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a crime of violating road traffic law at Jeju District Court on July 23, 2010, KRW 2.5 million for the same crime at Jeju District Court on July 23, 2010, and KRW 5 million for the same crime at Jeju District Court on March 9, 2017, respectively.
On March 3, 2017, at around 23:44, the Defendant driven Bunst passenger cars under the influence of alcohol content of 0.103% in blood without a driver’s license, from approximately 200 meters away from the 200-meter section of alcohol to the clocks in the 7-ro of Jeju city, at the restaurant of Dunan Village located in Jeju-si, Jeju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;
1. Application of Acts and subordinate statutes to the driving license ledger;
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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act seems to be that the Defendant recognized his/her mistake and reflects the Defendant’s wrong judgment. However, the Defendant not only was punished by a fine of KRW 2 million due to a crime of drinking without a license in 2009, a fine of KRW 700,000,000 due to a crime of drinking without a license in 2009, and a fine of KRW 2.5 million due to a crime of drinking in 2010, but also was under a request for a summary order on December 2, 2016, and was under a request for a summary order due to the above drinking on January 18, 207, while the driver’s license was revoked on December 2, 2017, the Defendant was not under the influence of a fine of KRW 500,00,000, and the Defendant was not under the influence of a driver’s license in light of the circumstances leading up to the instant crime.