A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 27, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on the summary order, and on November 20, 2017, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

[2] On June 30, 2018, around 03:15, the Defendant driven a car with Crocketing car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.088% in a section of about 1.5km from the front day of the Kwon Center located in 91-1, Dong-gu, Gwangju, Gwangju, to the 164-10 Ga-dong, Gwangju, Dong-gu Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. License register;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of a situation under which a drinking driver is driving) statute;

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. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the defendant's drinking driving power, etc., as stated in the judgment of sentencing in Article 62-2 of the Criminal Act;

In addition, the punishment shall be determined as ordered in consideration of the degree of alcohol concentration in blood, distance between the driving force of drinking, the background of driving without a license, the distance and place of driving without a license for drinking, the defendant's age, sex, environment, circumstances after the crime, etc.