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

[criminal history] On October 20, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju, as well as a fine of KRW 7 million for a crime of violating the Road Traffic Act in the same court on July 14, 2016.

[2] Although the Defendant had been punished twice or more due to the above violation of the Road Traffic Act (driving of alcohol), the Defendant driven the C-wing truck from the Defendant’s house located in Jindo-gun B with approximately 5km to the agricultural and industrial complex located in the same military area from the Defendant’s house located in Jindo-gun, Jindo-gun with a alcohol level of 0.182% at around November 17, 2017, while under the influence of alcohol at around 20:25 on November 17, 2017 without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a vehicle at driving (high group), report on the detection of any violation of road traffic laws (non-license or drinking), report on the circumstances of the driver of the vehicle at driving, inquiry into the results of crackdown on drinking alcohol, the ledger of driver's licenses, and inquiry into the vehicle register;

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

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order), and the application of two copies of a 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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant committed the instant crime without being among those who had been punished twice due to driving under drinking and one time due to driving without a license, even though he had the record of punishment.

Although severe punishment should be taken into account, all the factors of sentencing revealed in the trial of this case, such as the defendant's reflection, the fact that the defendant has no record of punishment exceeding a fine, and the age, sex, environment, circumstances, circumstances after the crime, etc. are considered.