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 November 21, 2017, the Defendant issued, at the Gwangju District Court, a summary order of a fine of three million won for a violation of the Road Traffic Act (Drink 326), on January 19, 2018, a summary order of a fine of three million won for a violation of the Road Traffic Act (Drink 326), on January 19, 2018, and on January 19, 2018, a summary order of two million won for a violation of the Road Traffic Act (Drink 329), respectively.

On February 14, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 01:10, driving a B-L motor vehicle in front of the mutual influent restaurant located in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the front day of the Switzerland apartment in the Seo-gu, Seo-gu, Gwangju, in the state of alcohol concentration of 0.160%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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 conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

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 condition: The Defendant again committed the instant crime even if he/she was punished for a short period as before and after all of his/her previous convictions, and the blood alcohol concentration was high, and the Defendant eventually caused a traffic accident while driving alcohol or non-licenses.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. Article 51 of the Criminal Code, which is shown in the defendant's age, sex, environment, and other records of this case.