A defendant shall be punished by imprisonment with prison labor for up to six 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 April 24, 2009, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on April 24, 2009, and a fine of KRW 5 million by the same court on December 9, 2014.

On March 11, 2016, at around 23:25, the Defendant driven BM5 vehicle while under the influence of alcohol level of 0.180% without a driver's license in the section of about 500 meters from the common road of the Yong-gu, Gwangju Metropolitan City to the roads in front of the same gold field.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Electronic data (license, tea) ;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the defendant's records of punishment for drinking alcohol (the same as the previous record stated in his/her judgment as drinking driving), driving distance, blood alcohol concentration, and the defendant's age, sex, sex, environment, health conditions, circumstances of the crime, circumstances after the crime, etc., as well as all the conditions of sentencing specified in the arguments in the instant case.