A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 10, 2006, the Defendant was sentenced to a summary order of KRW 2 million on September 11, 2006 to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 11, 2006, and was sentenced to a suspended sentence of KRW 2 million on August 26, 2007 due to a crime of drinking or non-licensed driving on August 26, 2007, and a crime of drinking or non-licensed driving on November 4, 2008, by a violation of the Road Traffic Act (driving) at the same court on April 9, 201.

On August 25, 2018, at around 14:00, the Defendant driven a B Sti-type car under the influence of alcohol content of 0.056% while under the influence of alcohol without obtaining a driver’s license from approximately 400 meters from the front side of the entrance of a movable apartment in the Seo-gu, Seo-gu, Gwangju to the front side of about 102 Heung apartment in the same Dong to the front road of about 100 meters.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished six times prior to the instant case by drinking, driving without a license, and committing the instant crime without being aware of the fact that the Defendant again committed the instant crime, even though he was sentenced to two years of suspended sentence for six months due to the violation of the Act on Special Cases concerning the Management of Traffic Accidents and the 2014.

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.