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 3, 2008, the Defendant was issued a summary order of KRW 1.5 million at the Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) at the Cheongju District Court on June 18, 2014, respectively.

[2] On July 29, 2018, at around 00:05, the Defendant driven a vehicle at C Sspo-type without obtaining a driver's license for a vehicle under the influence of alcohol 0.095% among blood alcohol from the section of about 5 km from the bottom of the high level of Maspo-dong in Gwangju, Gwangju, to the roads of the 210 National Health Insurance Evaluation Institute prior to the 200 Maspo-dong in Gwangju mine.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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. An order to attend a lecture shall be punished by imprisonment with prison labor at a time, taking into account the Defendant’s records of punishment for drinking alcohol, the details and time of the revocation of the driver’s license (the license was revoked due to drinking driving in 2014) as stated in the judgment of the grounds for sentencing under Article 62-2 of

In addition, the punishment as ordered shall be determined by taking into consideration the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, sex, environment, circumstances after the crime, etc.