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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 1, 2010, the Defendant was sentenced to a fine of KRW 4 million by the previous Jeju District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), a violation of the Road Traffic Act (Dangerous Driving) and a violation of the Road Traffic Act, and a fine of KRW 6 million by the same court on September 7, 2012.

On April 20, 2013, while the Defendant was under the influence of 0.117% of alcohol while driving at least twice a motor vehicle without a motor vehicle driver’s license, the Defendant driven a D's low-income car owned C from the front side of the Kumsan-dong, Kim Jong-dong, Kim Jong-si, Kim Jong-si, to the front road of the shooting distance of the 2km-dong, Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. To make a report on the primary launch and to make an inquiry into the disqualified person;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to the judgment of the same case);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records of two times punishment for drunk driving, the accused has been punished several times for traffic-related crimes, such as driving without a license, violation of the Guarantee of Automobile Accident Compensation Act, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Nevertheless, the nature of the crime is not good.

However, the defendant has no criminal record related to traffic exceeding the fine, and the driver shall drink alcohol again.