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.

On May 22, 2017, under the influence of alcohol level of 0.213% in blood without a driver's license, the Defendant driven CK5 car from the second apartment house located in the 2nd district located in the 2nd district in the Gwangju Mine-gu to approximately 10km in the Honam Highway located in the same winter-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

A. Conditions disadvantageous to the Defendant: The Defendant was punished twice before the instant case due to drinking, driving without a license in 2002, 2004, and 2014; the Defendant eventually caused a traffic accident while drinking or driving without a license; etc.

(b) favorable conditions: the fact that the defendant recognized the instant crime and reflects his mistake, and that he has no record of punishment heavier than suspended execution due to drinking, driving without a license, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.