A defendant shall be punished by imprisonment 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

【Criminal Records of Crimes】 On March 30, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court. On May 3, 2012, the same court was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act.

[Criminal Facts]

1. On November 11, 2016, the Defendant driving a B QM3 car under the influence of alcohol content of about 100 meters from the section of approximately 100 meters from the water level of the same 1330 meters to the water completion road located in the water completion district in Gwangju Mine-gu, Gwangju, to the water level of the same Gu.

Accordingly, the Defendant, while under the influence of alcohol not less than twice, driven a motor vehicle again while under the influence of alcohol.

2. The Defendant for violating the Road Traffic Act (unlicensed driving) driven the automobiles listed in paragraph 1 above without obtaining the driver’s license from the areas leading to the date, time, and place specified in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures and the record of two times of punishment due to drinking without a license; (b) the degree of alcohol during blood transfusion; and (c) the Defendant’s age, sex, environment, background of the crime; and (d) the circumstances after the crime, etc., all the sentencing conditions specified in the instant pleadings shall be determined as ordered.