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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On June 3, 2015, the Defendant was sentenced to a summary order of a fine of four million won for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) in the Gwangju metropolitan District Court's branch on June 3, 2015. On October 22, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

【Criminal Facts】

Although the Defendant had been punished twice due to drunk driving, on December 20, 2018, at around 19:40, while under the influence of alcohol 0.076% without a car driver’s license, the Defendant driven a fran vehicle at the front of a restaurant located in D on the front of a restaurant located in Dando-gun, Jeonnam-do-gun, without a car driver’s license, at approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by G;

1. The actual condition survey report, the results of the control of drinking driving, and the circumstantial statement of drinking drivers;

1. Registers of driver's licenses;

1. Evidence and photographs of the traffic accident;

1. Previous records of judgment: Criminal records, etc., inquiry report, summary order, and application of three copies of judgment under three Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The order of the suspended sentence under Article 62(1) of the Criminal Act takes into account all of the following factors: (a) the Defendant had been punished three times due to drunk driving and unlicensed driving; (b) the Defendant committed the instant crime; (c) the Defendant reflects his mistake; (d) the Defendant’s old age and health was not good; (d) the Defendant’s blood alcohol concentration level (0.076%); and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime were committed.