The punishment of the accused shall be determined by eight 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

[criminal history] On July 3, 2006, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on May 7, 2010, the same court received a summary order of KRW 4 million as a fine for the same crime.

[2] On June 6, 2017, the Defendant driven a motor vehicle under the influence of alcohol level of 0.068% while under the influence of alcohol level of 0.068%, without obtaining a driver’s license, from around about 15km to the Seo-dong Seo-gu Seo-dong, Seo-gu, Busan, Seo-gu, Seo-gu.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. In light of the above, the Defendant had been punished twice (201, 2004, 2006, 2010) due to drinking without a license, and two times (2012, 2013) due to driving without a license, but it is not good to repeatedly commit the instant crime.