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

Punishment of the crime

[criminal history] On April 1, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On June 3, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) and the said judgment became final and conclusive on June 11, 2016.

[2] On July 9, 2017, around 16:54, the Defendant driven a gallon with alcohol level of approximately 0.196% while under the influence of alcohol level of about 3km from the 3km section from the Jeju Folk Track-ro to the 6rd road in Jeju city, Jeju, Jeju, the 26-ro, Jeju, the 16-ro, Jeju, the Defendant driven a gallon with C gallon without the driver’s license.

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: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of crimes, etc. during the same criminal record and probation period);

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 reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., recognition and reflect of a crime) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da11448, Apr. 1, 2009) are specified

The favorable circumstances: A more favorable circumstances that recognize and reflect a crime: A person committed a second offense during the period of imprisonment with prison labor, which was sentenced as a crime of the same kind even though he/she had been punished several times due to a violation of the Road Traffic Act, including the previous conviction in the judgment, and the degree of alcohol content is very high at the time of the crime of this case: Circumstances after the crime, age, family relationship, environment.