A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

On May 16, 2008, the Defendant was issued a summary order of KRW 2,500,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on May 16, 2008, and on August 13, 2014, the Defendant was punished by a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on August 13, 201.

피고인은 2018. 8. 27. 21:50 경 자동차 운전면허 없이 혈 중 알코올 농도 0.083% 의 술에 취한 상태에서 광주 북구 문흥동에 있는 샛 터 코아 사거리 앞 도로부터 광주 북구 두암동에 있는 두 암 IC 앞 도로까지 2km 가량 C 베 르나 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Previous convictions in judgment: References to inquiries, summary orders, and application of 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 defendant is likely to repeat the crime of this case, including the previous conviction on the grounds of sentencing under Article 62-2(1) and (2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend the Criminal Act, even if he/she had several previous convictions, and at the same time commits the crime of this case.

on the other hand, considering all the circumstances, such as the fact that the defendant's mistake is recognized, the alcohol concentration level during blood, driving distance, etc.