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

Punishment of the crime

[criminal history] On November 6, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving alcohol) at the Jeju District Court on March 11, 2015. On March 11, 2015, the same court was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol). On August 10, 2016, the Defendant was sentenced to imprisonment of KRW 4 months for a crime of violating the Road Traffic Act (driving without a license) and two years for a suspended sentence as of August 10, 2016, and the said judgment became final and conclusive during the period of the suspended sentence.

[2] The Defendant: (a) was a person who violated the provision prohibiting drinking more than twice as indicated in the record of the above crime, and (b) was driving B-wing and three cargo vehicles while under the influence of alcohol of about 0.184%, without obtaining a driver’s license, on the road at approximately 500 meters in circulation of the same city in the 164-2-on speed from around the restaurant at Seopopopopoon, the 174 Hapoon, the 174 Hapoon, Seopoon, Seopoon, Seopopoon, Seopoon, Seopopoon, on November 19, 2016 to 164-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification during the suspension of execution);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment (the following grounds for sentencing) are as follows: (a) two times since the 2000s, the Defendant was sentenced to a fine on two occasions due to drinking without a license; and (b) one time due to a license without a license for driving without a license for drinking; and (c) was sentenced to a suspended sentence due to a license without a license for driving without a license for drinking in 2016; and (d) again, he/she was under the suspension of the execution.

The alcohol concentration is 0.184% high among the bloods found by drinking driving at once.

3.2