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

[2] On July 10, 2002, the defendant was issued a summary order of KRW 500,000 for a fine of KRW 500,00 for a violation of the Road Traffic Act (non-licenseless Driving), on April 14, 2003, the summary order of KRW 700,000 for a fine of KRW 2.5 million for a violation of the Road Traffic Act (non-licenseed Driving) at the net Support of the Gwangju District Court on October 26, 2006, on October 20, the summary order of KRW 2.5 million for a violation of the Road Traffic Act (non-licenseed Driving), and on October 20, 2008, the defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (non-licenseed Driving) at the Net Support of the Gwangju District Court on November 12, 2010 for a violation of the Road Traffic Act (non-exclusive Driving).

[Criminal facts] On November 20, 2016, the Defendant driven B Poter Cargo at the section of about 5 km from the front of the New Heung-gun cafeteria, located in 125-7, to the 68-way road in the same military gate, under the influence of alcohol level of 0.061% in the blood alcohol level without obtaining a driver’s license on November 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are several records of punishment for the same kind of crime with the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend lectures and the order to provide community service order, and the fact that there is a record of being sentenced to suspended execution.