However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On September 27, 2012, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Gwangju District Court on September 27, 2012, and on June 27, 2017, the above court issued a summary order of four million won for the same crime.

On April 15, 2018, at around 20:35, the Defendant driven a Fbeer or a car under the influence of alcohol concentration of 0.171% without a driver’s license from the front day of the C cafeteria located in the Namyang-gun B to the front day of the E-way located in the Southern Donyang-gun D.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A written appraisal of alcohol during blood;

1. Investigation report (the application of the above dmark);

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The fact that there are a majority of punishment records, and the defendant again committed the crime of this case even though he was punished three times including the previous convictions on driving under drinking prior to this case, and eventually caused a traffic accident during drinking and driving without a license.

(b) favorable conditions: The fact that the defendant recognized the instant crime and reflects his mistake, and there is no record of punishment exceeding the fine due to drinking, driving without a license, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.