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

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On September 8, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and issued a summary order of KRW 5 million for the same crime in the same court on July 3, 2017.

[2] On July 1, 2017, the Defendant, while under the influence of alcohol at 0.185% in blood alcohol level without obtaining a driver’s license on July 1, 2017, operated a “GS25” motor vehicle in the same way from the front day of Gwangju-ro, 297, GS25, which focuses on the calculation of “GS25” in the same way, on the same road, from the road, to the front day of the 100-meter apartment of the “GS25” apartment in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same kind of force);

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

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

The defendant does not commit a second offense.

The defendant has moved to the vicinity of his residence due to his substitute driving, and there are circumstances to consider the process of detection of drinking driving.

Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high.

The defendant shall drive a drinking alcohol twice.