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

3.

[Criminal Power] On October 19, 2007, the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act (hereinafter referred to as the “Crime of Crime”) at the Gwangju District Court. On January 23, 2009, the same court was sentenced to a fine of KRW 1.5 million for the same crime. On November 3, 2009, the Defendant was sentenced to a suspended sentence of imprisonment for four months in the same court for the same crime. On May 12, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime by the same court.

【Criminal Facts】

At around 21:20 on March 15, 2015, the Defendant, without obtaining a driver’s license, driven a DK5 vehicle while under the influence of alcohol with approximately 40 meters alcohol concentration of about 0.140% from the 40-meter section to the front road of the Suwon Hospital located in the Dong-gu Gwangju mine.

Summary of Evidence

1. Defendant's legal statement;

1. License register, report on the results of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act for probation and community service order, there was a history of punishment several times including a suspended sentence of imprisonment due to a violation of the Road Traffic Act, and the blood alcohol content was 0.140% higher than that of the instant crime. However, in light of the fact that the instant crime does not lead to a traffic accident, a sentence shall be determined as ordered.