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 April 14, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court on April 14, 2015, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on September 5, 2017.

From August 28, 2017 to November 15, 2011 of the same year, the Defendant driven a car in B, while under the influence of alcohol concentration of about 0.071% from the 20km section of the blood, to the village in front of the village in which the death of the public bus in Naju-si from the personal satellite of 01:00 on October 4, 2017 to the village in which the death of the school in Haju-gun is located.

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, driver's license register, investigation report (a summary order of the same kind of force), application of Acts and subordinate statutes making inquiries about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the Defendant again committed the instant crime even though he/she had been punished several times due to the crime of drinking driving, etc., considering the circumstances where the Defendant recognized the instant crime, and there is no record of punishment exceeding the fine due to the same crime, and there is no record of punishment exceeding the fine due to the same crime, and the fact that the alcohol content among the blood transfusion at the time of the instant crime is not high.