A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] The defendant has been sentenced to a fine of KRW 10 million in the same court on March 30, 2007 due to a violation of the Road Traffic Act at the Gwangju District Court on the grounds of a fine of KRW 2 million, a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) at the same court on January 30, 2013, and a fine of KRW 10 million due to a violation of the Road Traffic Act (dacting driving) at the same court on October 2, 2014.

[2] On January 25, 2017, around 23:12, the Defendant: (a) driven a B-te motor vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.197% from around 50 meters to around the road of the same modern marine building from the trade name in the Seo-gu Standing District of Gwangju, Seo-gu to the day on which the Plaintiff was under the influence of alcohol level from around 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was already punished four times due to driving of alcohol, and was sentenced to a fine of an amount equivalent to ten million won in 2014, but again committed the instant crime; and the Defendant’s blood alcohol concentration was very high at the time of the instant crime, etc.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, were considered.