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

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Punishment of the crime

On December 27, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2.5 million for the same crime at the same court on May 18, 2015.

On May 28, 2016, the Defendant, while under the influence of alcohol 0.115% among the blood transfusions, driven a B-low-income vehicle from around about 1km to the roads front of the industrial company in front of the Nam-gu Pungdong, Gwangju, without obtaining a driver's license, from around 0.115%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries, such as criminal history, reply to inquiries, investigation reports (a summary order and attachment of judgment);

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. The sentencing period of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, and the defendant's records of punishment for drunk driving (five times from 2003 to 2015 as drinking driving, and two times as driving without a license, but two times from 2003 to 10 years), driving distance, blood alcohol concentration, the defendant's age, sexual behavior, environment, health conditions, the circumstances after the crime, etc., shall be determined as ordered by taking into account all the sentencing conditions specified in the arguments in the instant case, including the circumstances after the crime.