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

[criminal history] On October 22, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the Changwon District Court (Seoul District Court) on the charges of violating the Road Traffic Act. On August 13, 2015, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the Changwon District

[Criminal facts] The defendant is a person who violated the prohibition of drinking alcohol driving at least twice as stated in the above criminal records.

On May 30, 2018, at around 02:17, the Defendant driven a car 5 car under the influence of alcohol of about 0.114% in blood while under the influence of alcohol without obtaining a driver’s license from a section of about 10km from the front of a mutually influent restaurant located in the Kimhae-si, Kim Jong-si, to the front road of the same city living in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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 suspended execution;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,