A defendant shall be punished by imprisonment for one year.

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 April 4, 2016, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on January 16, 2018, respectively.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a BP car on June 7, 2018 from the front side of the lelelele apartment road in Gwangju Northern-gu to the front side of the 3rd apartment road in the same northwest-gu without a driver’s license while under the influence of alcohol level of 0.137% during blood transfusion around June 22:28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act shall be punished by imprisonment with prison labor at a time, taking into account the fact that he/she was punished by a fine on two occasions or by drinking alcohol as stated in the records of the crime in the judgment of the court and that the distance between the records of each punishment is not long.

In addition, the alcohol concentration in blood, the distance between the last punishment day and the day of the crime in this case, the background leading up to driving without a license for drinking, the distance and place of driving without a license for drinking, the defendant's age, sex, environment, circumstances after the crime, etc. shall be determined as per the order.