A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

【Criminal Facts】

On January 6, 2016, the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. from the Gwangju District Court’s Net Branch on January 6, 2016, and received a summary order of five million won or more due to the same crime at the same court on August 22, 2016.

[criminal power] On June 1, 2016, at around 22:05, the Defendant driven a Bland with blood alcohol concentration of 0.050% under the influence of alcohol without obtaining a driver’s license from the front of a restaurant near the Gecheon-si Macheon Medical Center to the same city railway path 46, and the front of the railroad crossing.

Accordingly, the defendant has violated the prohibition of drinking driving more than twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

Defendant’s legal statement

Report of the results of the drinking driving control, report on the statement of the state of driving, and previous records of the judgment on the ledger of driver's license: Criminal history records, etc., one copy of the summary order, and one copy of the indictment shall be applied.

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da12489

6. Social service order under Article 62-2 of the Criminal Act;