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

Punishment of the crime

[criminal history] On September 30, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 14, 2012. On May 25, 2017, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 14, 2012. On May 25, 2017, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a crime of violating the Road Traffic Act (drinking refusal of drinking), and is still under the suspended sentence.

[2] On November 10, 2017, the Defendant: (a) operated a Cbera cruise car with approximately 194 meters alcohol concentration at approximately 0.093% while under the influence of alcohol level in blood without obtaining a driver’s license, from the front side of the Gansan-dong, such as the Bansan-dong in Gwangju, to the front side of the 1059 Ganbuk-gu.

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;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

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. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.

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

The defendant does not commit a second offense.

There is a family member to support the defendant.

A disadvantageous condition: The defendant shall drive a drinking alcohol twice and refuse to measure drinking once.