A defendant shall be punished by imprisonment with prison labor 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 March 30, 2007, the Defendant was sentenced to a summary order of a fine of one million won due to a violation of road traffic law at the Gwangju District Court, and on April 7, 2010, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking) at the same court on April 7, 201, and on September 22, 2015, sentenced to a fine of five million won due to a violation of road traffic law (drinking) in the Gwangju District Court’s net support.

On December 24, 2015, the Defendant driven BM5 vehicle at a distance of about 20 meters from the shooting distance in the fisheries market to the sM5 vehicle due to the sM5 vehicle due to the net feling of 0.065% of alcohol while under the influence of alcohol without a driver's license on December 24, 2015.

Summary of Evidence

The defendant's legal statement report on driving circumstances of drinking, inquiry about the results of crackdown on drinking driving, previous records in the judgment of driver's license ledger: Application of the law, such as inquiry of criminal history, text of judgment, etc.

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order was already punished by a fine of four times due to drinking or non-licensed driving, and re-offending at least three months.

However, the defendant does not drive a drinking without a license if he is against and again.

Punishment shall be determined in consideration of the age, sex, environment, etc. of the defendant.