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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
On April 26, 2012, the Defendant was issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act (drinking driving), and KRW 5 million on May 8, 2017, on the grounds of a violation of the Road Traffic Act (drinking driving) at the Sungnam Support Center, which was issued on May 8, 2017 by a fine of KRW 5 million.
On February 26, 2018, the Defendant, without obtaining a driver’s license, driven a B-e-mail car under the influence of alcohol content of about 0.078% 0.078% in alcohol on a section of about 10km from the roads near the mutual influent restaurant in Gwangju-si, Gwangju-si to the housing located in the 155-ro of the Seocho-si, Gwangju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the driver's license in driving, notification of the results of regulating drinking driving, and the register of driver's license (A);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that the defendant is against himself/herself and has no record of being punished in excess of a fine, etc.);
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;