A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 27, 2010, the Defendant received a summary order of KRW 2,50,000 from the Gwangju District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving). On May 10, 2016, the Defendant received a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving).

On October 22, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.104% without obtaining a driver’s license from around 80 meters from the front of the restaurant located in the Blue House of Gyeonggi Pyeong-gun, which is not more than a multilater, to the front of the Glue House of Gyeonggi-gun, to the Glue House of Glue-gun, which is located in the Blue House of Glue-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes of Part V of the summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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

1. The reason of sentencing under Article 62-2 of the Criminal Act, the frequency and degree of punishment for the same kind of crime, etc. shall be considered as disadvantageous circumstances; however, it shall be considered favorable circumstances such as the time limit and reflect, and the fact that the driving of drinking again is not possible.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.