A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

【The Defendant had a record of having been sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on May 22, 2012 and a fine of KRW 2 million for the same crime at the same court on April 25, 2016.

【Criminal facts” around 04:09 around March 23, 2017, the Defendant driven a cub car in B from approximately 500 meters away from the roads in the Dong-gu, Gwangju-dong to the roads in front of the building of the same Gu-style Han Culture Lifelong Building, while under the influence of alcohol content by 0.122% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, 4 times of driving under the influence of alcohol without a license and one-time of driving under the influence of alcohol; however, there is no record of committing an offense exceeding the fine due to driving under the influence of alcohol or driving without a license; there is a reflective nature; the wife’s disease was crypted and supported by his wife and her children; and all of the sentencing conditions shown in the arguments in the instant case, including the Defendant’s age, sex behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc., shall be comprehensively considered.