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

[criminal history] On May 18, 2015, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on May 31, 2016, the Defendant received a summary order of KRW 4 million for the same crime at the same court.

[Criminal facts]

1. Around February 7, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a vehicle from around 20 km to the Korean Land Information Corporation parking lot located in Seo-gu, Seo-gu, Gwangju to approximately 53-53, a 53-53-on-road, the Changyang-gun, Seo-gu, Seo-gu, Seoul, without obtaining a driver’s license.

2. On February 7, 2017, the Defendant: (a) operated a motor vehicle without a driver’s license in the state of alcohol concentration of about 0.061% from the 20km section of blood while under the influence of alcohol at about 20km from the Korean Land Information Corporation located in Gwangju Seo-gu, Seo-gu, Gwangju to the Hayang-gun, Changyang-gun, the 102-do Office of Commerce, from the 102-gu, Seo-gu, Seo-gu, Gwangju to the Hayangyang-gun, Changyang-gun, the Changyang-gu Office of Commerce, thereby driving the motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Inquiry into expressway traffic information, traffic record, and photograph of the suspect;

1. Investigation report (the beginning and ending time of driving the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the judgment), text of judgment, and summary order-making statute;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

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

1. Order of community service;