A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On August 3, 2010, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million at the Gwangju District Court on August 3, 2010, for a crime of violation of the Road Traffic Act, at the Gwangju District Court on November 21, 2013, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, at the Gwangju District Court on October 7, 2014, and at the Gwangju District Court on October 7, 2014, a summary order of KRW 6 million for a crime of violation of the Road Traffic Act.

On May 17, 2016, at around 00:10, the Defendant driven a ice car with approximately KRW 25 km alcohol concentration 0.063% under the influence of alcohol without obtaining a driver's license from the section of about 25 km from the front side of the tin-type car in Gwangju Northern-dong to the upper side of the 28 km-type car in Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries (Evidence Serial Nos. 3), computerized data (the ledger of driver's licenses, the register of teas), criminal records, references to criminal records, forwarding documents (Attachment of the details of disposition on the revocation of driver's licenses), application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as a suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant did not already have been punished several times for the same kind of crime and again committed the instant crime. On the other hand, considering the fact that the Defendant appears to recognize and reflect the instant crime, and the fact that the blood alcohol concentration was not high at the time of the said crime, etc. favorable circumstances should be considered.

In addition to the above sentencing grounds, this case’s age, character and conduct, family relationship, environment, circumstances after the crime, etc.