The punishment of the accused shall be determined by eight months of imprisonment.

Punishment of the crime

[criminal history] On October 19, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million to a violation of the Road Traffic Act at the Gwangju District Court on March 15, 2013. On June 15, 2017, the Defendant was sentenced to a summary order of KRW 5 million to a violation of the Road Traffic Act at the Gwangju District Court on March 15, 201. On June 22, 2017, the Defendant was sentenced to a suspended sentence of imprisonment for 6 months for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on June 22,

[2] On June 30, 2017, the Defendant driven a Clearning car under the influence of alcohol level of 0.110% in blood alcohol level without obtaining a driver’s license from the roads of the ASA coffee shop in the Seo-gu, Seo-gu, Gwangju to the roads front of the Honam National Statistical Office in the Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (verification of the period of probation and reporting accompanying judgments of the same kind of case);

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. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense through alcohol treatment.

There is a family member to support the defendant.

The defendant is punished four times due to drinking.