A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] On February 5, 2009, the Defendant was sentenced to a fine of KRW 5 million by the Jeonju District Court for a crime of violating the Road Traffic Act (dacting driving), and on June 18, 2015, issued a summary order of KRW 6 million by the Gwangju District Court for a crime of violating the Road Traffic Act (dacting driving).

[2] On March 5, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 00:40 on March 5, 2017, driven a C motor vehicle in the state of alcohol alcohol concentration of about 0.143% from the front side of a new apartment located in Yangsan-dong, Gwangju, to the access road at the Dog-dong, Gwangju, the Dog-dong, Gwangju, for about five kilometers from the road to the access road at the Dog-dong, the Dog-dong, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.