A defendant shall be punished by imprisonment with prison labor for up to 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.

Punishment of the crime

[criminal history] On March 29, 2012, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s support on March 29, 2012, and a summary order of KRW 3 million for the same crime in the same court on July 22, 2015.

[2] On May 3, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 21:20 on May 3, 2017, driving a B earth and a car at the section of about 300 meters from the center of the Southern Jin-gun to about 125-2, the center of the Southern Jin-gun, the alcohol level of which is 0.189%, while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver who is engaged in driving, the register of measuring instruments using drinking alcohol, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The elements of unfavorable sentencing, such as the fact that the defendant recognized his mistake and reflects his mistake, the fact that the defendant has no criminal punishment exceeding the fine: The same criminal record is two times; the driving of alcohol increases the risk of traffic accidents of the general public; thus, the necessity of punishment is high; and the amount of alcohol concentration in blood is high, etc.