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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2017, the Defendant is a person who has at least two times the driving skills, such as receiving a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act (driving), and a summary order of 3.5 million won or more due to the same crime at the same court on August 1, 2011.

On September 7, 2017, the Defendant, from around 23:30 to around 00:30 on September 8, 2017, operated D Kakn-kin car in the section of approximately 8km from the second apartment parking lot located in Cheongju-si, Cheongju-si, through the front of the GS convenience store located in Cheongju-gu, Cheongju-si, in the state of alcohol concentration of 0.070% while under the influence of alcohol during blood without obtaining a driver’s license, from around 0:30 on September 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Ethical letters;

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

1. Investigation report (Listening to oral statements), investigation report (specific time and distance for the driving of a suspect's drinking), investigation report (report on calculation of alcohol concentration in blood);

1. The driver's license ledger;

1. Details of transactions by account and payment letters by card;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to a copy of judgment on criminal records involving drinking driving), application of Acts and subordinate statutes attached to 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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service: The driver shall repeatedly drive alcohol without obtaining a license, even though he/she has past record of being fined twice due to drinking driving;

oly favorable sentencing factors: Recognizing errors and reflects, o and other sentencing conditions under Article 51 of the Criminal Act, the sentence shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act.