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

On October 16, 2015, the Defendant issued a fine of six million won to a crime of violating the Road Traffic Act at the Gwangju District Court on September 16, 2015, the same court on September 30, 2016, a fine of five million won to a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving).

On May 23, 2017, the Defendant driven a vehicle B1 ton in the section B from approximately 250 meters to about 250 meters from the wall dust in Gwangju Seo-gu, Seo-gu, with alcohol content of 0.237% while under the influence of alcohol without obtaining a driver's license for a motor vehicle on May 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished four times due to drinking or non-licensed driving, and the Defendant’s blood alcohol concentration was very high;

(b) favorable conditions: the fact that the defendant recognized the instant crime and reflects his mistake, has no record of punishment heavier than that of suspended execution due to drinking, driving without a license, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.