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 December 20, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on December 20, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on August 10, 2015.

On October 11, 2015, at around 17:10, the Defendant driven a B cco-sports cargo vehicle under the influence of alcohol content of 0.122% without a car driver’s license with approximately KRW 2-3km from the front side of the “flue ginseng distance” in the fluence of the Orpo-Eup in Gwangju Metropolitan City to the fluorri 344-1 road in Gwangju Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control of drinking driving and the state of drinking drivers;

1. Registers of driver's licenses;

1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;