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 March 29, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on March 29, 201, and a fine of three million won for a crime of violating the Road Traffic Act (dacting driving) at the same court on June 4, 2015, respectively.

[Criminal facts] On June 14, 2018, at around 23:21, the Defendant, without a vehicle driver’s license, driven B rocketing car from approximately 4 km to the front of the oil station in the city of 19-1, on the day front of the day-to-day front of the day-to-day 137-33, an agricultural and industrial complex with the same 0.19% alcohol level while under the influence of alcohol in the state of drinking without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the history of measuring the drinking alcohol and the results of regulating the drinking driving;

1. The driver's license ledger;

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

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant shall be punished by selecting imprisonment with prison labor in consideration of the defendant's records of punishment for driving without a license (including the criminal records as indicated in the judgment only three times after 2003 driving only on drinking, driving without a license, and driving without a license) and the reasons for the revocation of the driver's license and the time (the license was revoked due to driving without a license on drinking in 2015 and the time the license was not obtained again).

In addition, the punishment as ordered shall be determined by taking into consideration the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, sex, environment, circumstances after the crime, etc.