A defendant shall be punished by imprisonment for six 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 July 10, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on February 8, 2018, issued a summary order of KRW 3 million for the same crime at the same court.

On June 30, 2018, around 02:40, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of about 0.072% while under the influence of alcohol concentration of 0.072% during blood without obtaining a driver's license from the Samsung Oil Parking Site located in Samsung-gu, Gwangju, 246 (Haak-dong), to the new road located in the south of 639 (Yegdong-dong) under the north-gu, Gwangju, North-gu, Gwangju, to another day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant again committed the instant crime even though he/she was punished twice together with his/her previous conviction, which was held that he/she was driving under drinking prior to the instant case.

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no record of punishment exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.