2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

On July 22, 2016, at around 23:35, the Defendant, without obtaining a driver’s license, driven CM7 car at approximately 2.5 km from the roads adjacent to the Ganandong in Gwangju Northern-gu to the front road while being drunk with a blood alcohol concentration of 0.115%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).