A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the Busan District Court's Branch on December 28, 2007, and a fine of KRW 3 million for the same crime in the Gwangju District Court's Branch on October 7, 2016.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B Poter freight at a distance of about 500 meters from the front of the Cheongdo-ri road located in the same Eup/Myeon-ri, Namnam-gun, Namnam-gun, without a driver’s license, while under the influence of alcohol at around 20:49, Nov. 23, 2017.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, the ledger of driver's licenses, and the details of crackdown;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (applicable to the same type of force), and a summary order under two 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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant, while having been punished twice due to drinking, was driving under the influence of alcohol without obtaining a license.

Although the defendant should be punished strictly, the punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant reflects his/her mistake, that there is no record of punishment exceeding the fine, and that the amount of alcohol concentration in blood is not extremely high.