A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 17, 2015, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for the crime of violation of the Road Traffic Act. On November 29, 2016, the Defendant was sentenced to imprisonment of KRW 8 months by the Jeju District Court for the crime of violation of the Road Traffic Act, and completed the execution of the sentence in the Jeju Prison on July 29, 2017.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act twice, on November 12, 2017, at around 01:54, the Defendant driven C New Tour-based car under the influence of alcohol content of about 0.084% without a car driver’s license from the 20km section from the front of the restaurant where it is impossible to know the trade name near the Jeju-si B, Seopo-si, Seopo-si, Seopoon to the point where it is about 100 meters north of the Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal history records, investigation reports (a repeated crime, previous criminal records, related judgments, summary order, current status of confinement of each individual);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment as ordered is determined by comprehensively taking into account the following circumstances: (a) there are many criminal records having the same reason for sentencing under Article 35 of the Criminal Act; (b) there are multiple repeated offenders; (c) there are no accidents at the same time during the period of repeated crimes; (d) the occurrence of accidents; and (e) the Defendant’s age, character and conduct, family relationship, environment, circumstances and consequences of the crimes; and (e) the circumstances shown in the arguments