A defendant shall be punished by imprisonment for not less than eight 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 November 13, 2009, 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 November 13, 2009, and on July 8, 2013, the above court was sentenced to a fine of three million won for the same crime.

Criminal facts

On December 25, 2013, at around 00:21, the Defendant, without a driver’s license, driven a car with a 4 km volume B up to the next 4 kilometers of the same Gu Heungdong-dong in Gwangju Northern-dong while under the influence of alcohol with a 0.060% alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 on the stay of execution (Taking into account that there is no enemy who has been sentenced to imprisonment or more severe punishment for the same crime);

1. Probation under Article 62-2 of the Criminal Act;