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 June 5, 2015, the Defendant was issued a summary order of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 28, 2015, the Defendant was issued a summary order of four million won for the same crime by the said court.

On April 5, 2018, at around 21:50, the Defendant driven a B K7 car under the influence of alcohol concentration of 0.173% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front road of the 68 Chungcheong Children’s Park, Do-ro 39, Do-ro 68, the same Do-ro 173, Do-ro 173, the same Gu-ro Do-ro 173.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 though he/she was punished three times, including the previous convictions that he/she held on the grounds of drinking or non-licensed driving prior to the instant case, and the blood alcohol concentration was high.

(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.