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

[criminal history] On November 10, 2010, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law in the support of the Gwangju metropolitan District Court on November 10, 2010, and was sentenced to a fine of KRW 2 million due to a violation of road traffic law in the same court on March 4, 2015.

[2] Although Defendant 1 had been punished twice or more due to the above crime of violation of the Road Traffic Act (driving of Drinking), Defendant 2 driven a B driver car at the section of about 1.5 km in the front of the 119 safety center in front of the 119 safety center as he/she reported to the head of the same Eup/Myeon from the vicinity of the sex church located in the Nando-gun-gun-do-do-Eup without a driver's license around July 25, 2017, while he/she was under the influence of alcohol leveling 0.138% of the blood alcohol level during his/her blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of the driver in charge, response to a request for appraisal, report on detection of the driver in charge, inquiry into the results of crackdown on the driving of drinking, and the register of driver's licenses (A);

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of a summary order, etc.), summary order, and the application of a copy of the indictment under 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 reason for sentencing in Article 62-2 of the Criminal Act is that the Defendant had been punished three times due to drinking driving, and driving without a license again, driving under the influence of alcohol and driving without a license, even though he was under the influence of having been tried for another person due to traffic accident caused by driving without license.

Although the defendant should be punished strictly, the fact that the defendant reflects his mistake, there is no record of punishment exceeding the fine due to the same kind of crime, and the defendant's other person.