A defendant shall be punished by imprisonment with prison labor for up to six 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 28, 2008, the Defendant issued a summary order of KRW 1.2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on April 15, 2015.

On January 10, 2016, the Defendant, without a driver’s license of a motor vehicle on January 15, 2016, driven a C-do motor vehicle under the influence of alcohol level of about 0.068% in a section of about 2km from the road front of the North Korean Port Center located under the same city and from the road front of the oil station to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries and application of summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing period of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, the Defendant’s records of punishment for drinking alcohol (the driving of drinking, which has been punished three times from 2006 to 2015, and has no record of repeating a crime within a short period, and no record of a fine or heavier punishment), driving distance, alcohol level during blood, and the Defendant’s age, sex behavior, environment, health condition, circumstances after the crime, etc., shall be determined as ordered by taking into account all of the sentencing conditions specified in the arguments in the instant case, including the circumstances after the crime.