A defendant shall be punished by imprisonment for not less than eight 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

On December 17, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on December 17, 2012 and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on July 7, 2015.

On November 24, 2017, at around 23:15, the Defendant, without a driver’s license, driven a B-learning car owned from the front parking lot of about 102 Jeju Northern-dong, Gwangju, to the front road of Gwangju Northern-gu, 291, while under the influence of alcohol concentration of about 0.171% in blood alcohol level from about 500 meters from the upper parking lot of about 102 Jeju Northern-dong, to the front road of Hyundai Hospital.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. License register;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (a summary order, the same kind of force), and other relevant Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even if he/she was punished twice due to drinking driving or twice due to unlicensed driving before the instant case, and the Defendant had a very high degree of alcohol concentration during blood.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.