A defendant shall be punished by imprisonment with prison labor for up to six 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 March 14, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court head on March 14, 2014, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on January 5, 2016, respectively.

On December 14, 2017, at around 14:40, the Defendant driven Cpoter cargo owned by the Defendant, under the influence of alcohol content of about 0.062%, without obtaining a driver’s license, at a section of about 1km from the front of the west-gun meat store to the front of the same Myeongjin-gun General Welfare Center, the Defendant driven the Cpoter cargo in the state of under the influence of alcohol content of 0.062% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of suspects in violation of traffic laws (driving, etc.), notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report accompanied by a copy of the relevant summary order of the previous calendar);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: the fact that the defendant recognized his mistake and against himself, there is no criminal punishment exceeding the fine, the defendant raises minor children, and the alcohol concentration in blood is relatively relatively.