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

[2017 Highest 929] On August 13, 2010, the Defendant received a summary order of KRW 1,500,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking). On May 31, 2016, the Gwangju District Court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking).

On February 22, 2017, the Defendant driven a motor vehicle B at a section of approximately 400 meters from the 508-2 Bambol-dong, Gwangju Northern-dong to the two roads ahead of Gwangju Northern-dong, while under the influence of alcohol by 0.078% during blood, without obtaining a driver's license, at around 22:40 on February 22, 2017.

[2017 Highest 1120] On March 7, 2017, the Defendant driven a Crentoon vehicle in the section of about 2 km from the front of the station of GS, which is located in the border of the border of North Korea, to the intersection of the east-dong, where he/she permanently resides in the border of North Korea, without obtaining a driver’s license on March 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: References to criminal history records, application of Acts and subordinate statutes on investigation reports (verification of the same records as the suspect);

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Based on the reasoning for sentencing under Article 62-2 of the Criminal Act, all of the sentencing conditions indicated in the instant case, including the following circumstances, Defendant’s age, sex, environment, circumstances and result of the instant crime, etc., the sentence as ordered is determined.

A favorable circumstance: The defendant.