A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 1, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On November 10, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution.

[2] On December 1, 2017, at around 20:55, the Defendant driven a D-type car under the influence of alcohol content of 0.128% while under the influence of alcohol without a driver’s license, from around 1km to the front road of the Defendant’s house located in Jeju-si, to the front road of the new pharmacy located in the 76-1m-si of Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history (A), summary order, and the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is against the recognition of the instant crime.

However, the Defendant, from around 200 to around 2014, had the record of being punished four times or punishment due to driving under influence or without a license, and again, was sentenced to imprisonment on November 10, 2017 and two years of suspended sentence on November 6, 2017 by driving under influence or without a license. However, at the time when one month has not passed since the judgment became final and conclusive, the Defendant was driving under the influence of alcohol.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered.