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

On June 26, 2009, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act (driving). On October 27, 2014, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 2 million from the Jeonju District Court’s branch court to the same crime.

On August 23, 2015, at around 04:53, the Defendant driven a B-be cargo vehicle with approximately KRW 9km in the section of approximately 0.178% of blood alcohol concentration without a car driver’s license, from the road located in the Gosong-gun, Gosong-gun to the road located in the vicinity of the Gosong-si terminal store.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. A place where a drinking gauge is printed;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of a reply to inquiries, such as criminal records, investigation reports (investigations related to criminal records of a suspect at least twice in drinking capacity), investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for reasons of sentencing under Article 62-21 of the Criminal Act, has five times or more, was punished for driving a motor vehicle without a license in the same kind of drinking driving, even though the defendant has been punished for driving a motor vehicle without a license, there is no liability for the crime. However, the defendant recognized the facts charged in this case and reflects his/her wrongness, and the defendant gathers his/her negligence in his/her unmarried status, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc.