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 May 12, 2016, the Defendant was issued a summary order of fines of KRW 700,000 by the Gwangju District Court as a crime of violating the Road Traffic Act, and KRW 3 million by the same court on March 2, 2018.

On May 8, 2018, under the influence of alcohol level of 0.087% in blood without a driver's license, the Defendant driven B automobiles at approximately 700 meters in the section of approximately 700 meters in front of the Mag-ro Mag-ro University, Chungcheongnam-gu, Gwangju, Yangyang-dong, Gwangju, as the Dogrogate, from the Dog-dong University, to the road front of the hospital, 1059.

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: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 condition: The Defendant again committed the instant crime even though he/she was punished twice together with his/her previous conviction, which was held that he/she was driving under drinking prior to the instant case.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

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.