1. The defendant shall be punished by imprisonment for six months;

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

3.

Punishment of the crime

[criminal power] On March 11, 2014, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on March 11, 2014 and a fine of five million won for the same crime at the same court on September 1, 2014.

【Criminal Facts】

On February 26, 2015, at around 00:00, the Defendant driven CFD car with approximately KRW 300 meters alcohol content 0.137% under the influence of alcohol without a driver’s license from the front side of the “Seoul National University” located in the Yongsan-dong, Gwangju, to the front side of the “North-gu Public Health Center” located in the same Jung-dong, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. The phrase “paragraph (2) 2 of Article 148-2 of the Road Traffic Act” as stated in the corresponding Article of the Act on Criminal Crimes, Article 148-2 (1) 1 of the Road Traffic Act in the election of penalties, and the applicable provisions of indictment shall be deemed to be clerical error;

(see, e.g., Supreme Court Decision 2005Do4085, Apr. 28, 2006). Article 44(1) of the Road Traffic Act (a person running a sound driving) and Articles 152 subparag. 1 and 43 of the Road Traffic Act (a person driving without a license)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for six months, suspended execution for two years, the fact that the defendant was punished twice for the same crime in 2014, the blood alcohol concentration was 0.137%, and the defendant's age, character and conduct, environment, circumstances of crime, and circumstances after crime, etc., the sentence shall be determined as per the order, taking into account all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, circumstances of crime, etc.