A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 4, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 28, 2012.

On February 24, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 22:00, driven a CNA-type car at approximately 50 meters while under the influence of alcohol content 0.117% in blood on the modern maritime road near the Seo-gu, Seo-gu, Gwangju.

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. The point of judgment: Application of a written inquiry and a summary order, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In full view of all the factors indicated in the pleadings of the instant case, including the following: (a) the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act; (b) the fact that the person has been punished four times due to driving without a license; (c) the degree of alcohol in blood; (d) the degree of alcohol in blood; (d) the driving distance; and (e) the Defendant’s age, sex, environment; (d) the background of the crime