A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[2] On April 26, 201, the Defendant issued a summary order of KRW 3 million at the Gwangju District Court on April 26, 201 to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking), and on June 12, 2012, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking).

[2] Notwithstanding the fact-finding record that Defendant 1 had violated Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a Cub car in B from the section of about five km from May 31, 2018 to the frontway of the Dong-dong located in Gwangju Northern-dong without a driver’s license while under the influence of alcohol leveling to 0.167% from blood level around 23:05 on May 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. An order to attend a course of punishment under Article 62-2 of the Criminal Act in consideration of the defendant's records of punishment such as drinking, driving, etc. of alcohol, etc.; and

In addition, the punishment as ordered shall be determined by taking into consideration the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, sex, environment, circumstances after the crime, etc.