The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On November 25, 2014, the Defendant received a summary order of KRW 3.5 million from the Gwangju District Court to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on July 14, 2015, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on February 27, 2017.

[2] On June 13, 2017, the Defendant driven a motor vehicle of 22:24% alcohol level during blood while under the influence of alcohol level of 0.135%, without obtaining a driver’s license from the front of a entitable string road in the Seo-gu Seoul Metropolitan City, Seo-gu to the front of the same 100 meters-ro Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (report attached to summary orders), application of Acts and subordinate statutes attached to summary orders;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, and the age, sex, environment of the defendant, the circumstances and results of the instant crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking account of all the sentencing conditions indicated in the instant case.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Unfavorable circumstances: The defendant's blood alcohol concentration is high, and the defendant shall be able to drive alcohol or drive without a license three times.