The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 13, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on October 49, 2010, the same court was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drawing). On October 16, 2012, the same court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drawing driving without a license), and on December 17, 2015, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drawing driving).

On August 20, 2017, under the influence of alcohol level of 0.196 percent in blood without a driver's license on August 23:20, 2017, the Defendant driven a freight vehicle with approximately 40 kilometers from before the roads located in the Jeonan-gun, Naman-gun, Gwangju, to the 2nd circulation road in the Seo-gu, Gwangju.

As a result, the defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without a driver's license in violation of this prohibition.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. Based on the reasoning for sentencing under Article 62-2 of the Criminal Act, all of the sentencing conditions indicated in the instant case, including the following circumstances, Defendant’s age, sex, environment, circumstances and result of the instant crime, etc., the sentence as ordered is determined.

A favorable circumstances: The defendant repents his wrong and reflects his wrong.