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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

【Criminal Power】 On August 18, 2010, the Defendant was a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of two million won for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s application on August 18, 2010, and a fine of four million won for the same crime in the same court on April 1, 2014.

【Criminal Facts of Crimes】 On July 4, 2014, the Defendant, without a driver’s license of a motor vehicle on July 16:4, 2014, driven a Bunstun cargo vehicle at approximately 4 km from the roads front of the Changan-gun-gun in front of the Changan-gun in the face of 0.178% alcohol concentration without a driver’s license of a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (related to the application of the Tramark);

1. The circumstantial statement of the employer and the report on detection of the employer;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (with the history of receiving a fine of 1.5 million won for drunk driving in 2004, in addition to the normal criminal power, considering the fact that drinking and non-licensed driving again is conducted on the only in the third month even though a fine was imposed on April 1, 2014, the blood alcohol concentration is high, and the occurrence of traffic accidents, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the status of the defendant, family relationship, etc. together with the fact that he/she reflects his/her gender and has no criminal record of

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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