A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 18, 2009, the Defendant was issued a summary order of KRW 2 million due to a violation of Road Traffic Act (drinking driving), etc. at the wooden branch of the Gwangju District Court, and on November 19, 2014, the Defendant was issued a summary order of KRW 5 million due to a violation of Road Traffic Act (drinking driving), etc. at the wooden branch of the Gwangju District Court.

On July 1, 2018, the Defendant driven CY car under the influence of alcohol concentration of about 0.105% without obtaining a driver’s license from around 231, 19:18, 231, a 13km funeral hall, to around 5-1, 19, a 22km-ro, Sinpo-ro, Sinpo-ro, 5-1, a 3km-ro, Dongpo-si.

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. A survey report on actual conditions;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of two copies of a summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, has been two times before the defendant was punished by a fine due to drinking or non-licensed driving, but the defendant was committed while committing the crime, and the defendant was repented, and he did not drive drinking or non-licensed driving again;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.