A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On September 27, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on September 27, 2013. On October 24, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

[2] On March 5, 2018, at around 22:00, the Defendant driven a C-Adidi vehicle under the influence of alcohol leveling 0.156% without a vehicle driver’s license from approximately 5km section from the roads near the Southern-gu Busan Metropolitan City Fire Station to the third apartment road in front of the Seo-gu Hodong-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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. An order to attend a course shall be punished by imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the defendant's records of drinking alcohol and punishment for unlicensed driving;

In addition, the punishment as ordered shall be determined by taking into consideration the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, sex, environment, circumstances after the crime, etc.