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 May 30, 2008, 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 May 30, 2008, and a fine of three million won for a violation of the Road Traffic Act at the Gwangju District Court on July 1, 2013.

Criminal facts

On September 17, 2013, at around 20:29, the Defendant, without a car driver’s license, driven a 3 km-free car in the state of alcohol with a blood alcohol concentration of 0.196%, from the front side of the Gwangju Northerndong-gu, Gwangju to the front side of the Gwangju Seocheon-gu, Seo-gu, Gwangju to the front side of the convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

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

1. The sentence as ordered shall be determined with the reason of sentencing under Article 62-2 of the Criminal Act, considering the blood alcohol concentration of the accused, the background and distance of drunk driving, criminal records, etc.;