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

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

Punishment of the crime

On December 19, 2008, the Defendant issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on December 19, 2008. On September 17, 2010, the Defendant issued a summary order of 2 million won for the same crime at the Gwangju District Court's same crime, and on October 13, 201, the Defendant was sentenced to a suspended sentence of 4-month imprisonment for the crimes of violation of the Road Traffic Act at the Gwangju District Court.

On August 8, 2015, at around 22:30, the Defendant driven a C-car not covered by mandatory insurance in the state of alcohol with approximately 100 meters alcohol concentration 0.193% at a section of approximately 100 meters from the roads in front of the mutually unclaimed restaurant in Gwangju Northern-dong to the roads in front of the luminous bath in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Investigation report (Attachment to specifications of non- mandatory insurance) ;

1. Previous records of judgment: Criminal records, reply reports, and application of four-minutes of judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act are disadvantageous circumstances such as the defendant was punished five times for drunk driving by the reason of sentencing, the defendant caused a traffic accident that causes damage to a parked vehicle due to drinking driving of this case, and the defendant's blood alcohol concentration high.

On the other hand, the fact that the driving distance of the defendant is short, and that the defendant does not drive under the influence of alcohol again is a favorable condition.

The age, character and conduct, environment, health condition, circumstances of the defendant, and the circumstances after the crime is committed in these normal relations.