A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On February 17, 2015, the Defendant was sentenced to a summary order of KRW 1.5 million by the Gwangju District Court on the grounds of a violation of the Road Traffic Act (drinking driving), a summary order of KRW 2 million by the same court on April 19, 2017, and a summary order of KRW 5 million by the same court on June 14, 2017, and a fine of KRW 5 million was issued by the same court on the grounds of a violation of the Road Traffic Act (drinking driving), respectively. On November 2, 2017, the Defendant was sentenced to a summary order of KRW 1.5 million by imprisonment with labor at the Gwangju District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on January 18, 2018.

[2] On October 21, 2017, around 03:45, the Defendant driven a BK-5 car under the influence of alcohol level of about 20 meters without obtaining a driver’s license from around 20 meters to the road front of the new branch of the National Bank of Korea located in the 64-ro of Gwangju Mine-gu, Gwangju, at around 03:45, the Defendant driven a car at around 25% under the influence of alcohol level of 0.121% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in the judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, each investigation report [including each judgment attached thereto), each investigation report (including the judgment attached thereto and the results of the case search in the Supreme Court Nab) related to the previous convictions (including the attached judgment and the results of the case search in the Supreme Court Nab), and attaching a summary information attached to the judgment of the appellate court (including inquiry

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. As stated in the reasoning of sentencing in Articles 53 and 55(1)3 of the Criminal Act, the Defendant is also identical before committing the instant crime.