A defendant shall be punished by imprisonment for not less than eight 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 December 3, 2004, the Defendant issued a summary order of KRW 1.5 million on November 6, 2009 to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), KRW 4 million for a violation of the Road Traffic Act (dacting driving), and a violation of the Road Traffic Act (dacting driving) at the Seoul Eastern District Court on July 8, 2015, KRW 2 million for a violation of the Road Traffic Act (dacting driving) at the Suwon District Court on July 8, 2015, and KRW 1.5 million for a violation of the Road Traffic Act (dacting driving) at the same court on September 7, 2016.

On July 11, 2017, without a driver's license, the Defendant driven B rocketing car 500 meters away from before the string of 132-8 ridge to the front of the road in the Eup/Myeon in Gwangju-si in the condition of alcohol concentration of 0.075% during blood.

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. Previous conviction: Inquiry about criminal history and application of each summary order 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. 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 grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order are eight times, and among them, four times the period of punishment for violation of the Road Traffic Act is considered as the main sentencing factors. In addition, all of the sentencing factors in the instant trial process, including the alcohol concentration level, driving distance, and the Defendant’s age, sex behavior, living environment, and circumstances after the crime, etc., shall be comprehensively considered and determined as ordered.