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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 8, 2017, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court.

In addition, on December 22, 2017, the same court was sentenced to a suspended sentence of 6 months of imprisonment due to a violation of road traffic law (drinking driving), and the judgment was finalized on December 30, 2017.

[2] On August 31, 2017, the Defendant driven a C-wing vehicle at the section of about 20 km from the front of the port of Han-gu, Han-gu, Jeju-do, under the influence of alcohol content of 0.151% in the blood while under the influence of alcohol without a driver’s license on August 31, 2017 to the front of the sea of this heading.

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 conviction in judgment: Application of a written reply to inquiry, such as criminal history, and application of the text of the judgment of the High Court 2017 Highest 1636, 2017 Highest 2312;

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. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (limited to each of the crimes as indicated in the judgment and the crimes of violation of Road Traffic Act, the judgment of which becomes final and conclusive on December 30, 2017)

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, including the previous conviction in the judgment, has been punished twice due to drinking or non-licensed driving, and such crime is heavier than those of the defendant.

At the time of the instant case, alcohol concentration is high.

However, since the crime of this case was committed on December 30, 2017 and the crime of this case that became final and conclusive on December 30, 2017 are concurrent crimes by the latter part of Article 37 of the Criminal Act, equity in the case of concurrent judgments shall be considered, and the defendant's age, environment, and post