A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On July 26, 2013, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 26, 2013; on April 7, 2014, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving); on October 20, 2016, the same court was sentenced to a summary order of KRW 4 million; and on October 20, 2016, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 8 months for a violation of the Road Traffic Act (licensed driving) and on October 28, 2016.

[2] On December 23, 2016, the Defendant driven a car with C low alcohol content 0.131% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around about 15km to the front road of the Hyundai Automobile Service Center located in the 659-ro of the Gwangju Mine-gu, Hagu, Ham-gun, Ham-gun, Hampo-gun, the Defendant, from around 22:30 on December 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on 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 (the same type of force and report on confirmation of suspension of execution);

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. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the Defendant’s mistake is divided) of the Act on the Mitigation of Small Quantity was sentenced to several times of punishment due to drinking for the reason of sentencing, and the Defendant committed a second offense during the suspension period, and the Defendant’s age, sex, environment, motive and circumstance leading to the Defendant’s instant crime, and circumstances before and after the instant crime were determined by taking into account all the sentencing conditions as indicated in the instant pleadings.