A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On May 16, 2008, the Defendant was issued a summary order of a fine of 1.5 million won by a crime of violating the Road Traffic Act at the Gwangju District Court on May 16, 2008. On August 12, 2014, the Defendant was sentenced to a suspended sentence of 1.5 million won by imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle), violation of the Road Traffic Act (ii) violation of the Road Traffic Act (iii) and violation of the Road Traffic Act (iv).

On December 2, 2017, at around 22:25, the Defendant, without a driver’s license, driven a car with B low alcohol level from the parking lot for the Belgium Long-Term Care Hospital located in the Dong-gu Incheon Metropolitan City to 26th roads in the Dong-gu Culture Complex of Gwangju-gu, with approximately 1km away from the 1km section to the roads in front of the G-dong Saemaul Saemaul Undong without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the text of the judgment and summary order) and other relevant Acts and subordinate statutes;

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 four times due to driving without a license for drinking, including his previous conviction in the previous ruling, and the Defendant was sentenced to suspended sentence due to drinking or non-licensed driving in 2014, as seen in the holding in all of the judgment in 2014.

C. The Defendant’s age, sex, environment, and other records of this case are prescribed in Article 51 of the Criminal Act.