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

[criminal power] On July 27, 2010, the Defendant was issued a summary order of fine of three million won at the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of fine of six million won at the Gwangju District Court for the crime of violation of the Road Traffic Act at the Gwangju District Court on November 10, 2017.

【Criminal Facts】

Although the Defendant had been punished twice or more for the crime of violation of the Road Traffic Act, at around 01:40 on September 13, 2018, the Defendant driven a BA8 UD car while under the influence of alcohol by 0.221% without obtaining a driver’s license through a vehicle driving license over approximately 500 meters and while under the influence of alcohol by 0.221%, from the road near the tax office located in the Gyeongdong-dong in Gwangju Metropolitan City to the road located in 127-ro 12 in the same city culture.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and confirmation reports);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparag. 1 and 43 of the former Road Traffic Act; and the choice of imprisonment, respectively,

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. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62-2 of the Criminal Act, the records, such as the records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., and the reason for sentencing under Article 62-2 of the Criminal Act;