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 August 10, 2011, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of 5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court on February 5, 2015.

On December 10, 2015, at around 00:01, the Defendant driven a CMF5 vehicle under the influence of alcohol level of 0.137%, without obtaining a driver’s license in the section of approximately 4 km from 421-ro, Nam-gu, Gwangju, Seo-gu, Seo-gu, Gwangju, 96-1 (Yacheon-ro), and from the front day of the Jail-gu, Gwangju, Seo-ro, 96-1 (Sacheon-do), and from groke-do, he driven a CMF5 vehicle under the influence of alcohol level of 0.137% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s records of punishment for drinking alcohol (not less than two times due to drinking alcohol, as stated in the first head’s previous record) and the Defendant’s records of punishment for driving alcohol (not less than a fine, as stated in the judgment of the first head), the Defendant destroyed the upper point due to driving of the instant drinking, the Defendant’s brain 5 disability, the driving distance, blood alcohol concentration, the Defendant’s age, sex, environment, circumstances of the crime, and all of the sentencing conditions specified in the arguments of the instant case, including the circumstances after the crime.