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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a driver of a rocketing car.

On September 20, 2017, the Defendant, without obtaining a driver’s license, driven the above car at approximately 70 km from the roads near the Gabamamamamamb in the Gu of Gwangju to 251 pamb, while under the influence of 0.162% alcohol during blood, the Defendant driven the above car at approximately 70 km from the roads near the Gabambambro in the Gu of Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

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.

Unfavorable circumstances: The defendant's blood alcohol concentration is high.

Although the Defendant had had been punished once or twice due to his refusal to measure drinking (2005, 2016), it is not good that the Defendant repeatedly committed the instant crime despite the past record (2005, 2016).

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.