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 of the final judgment.

Punishment of the crime

On August 23, 2012, the Defendant received a summary order of KRW 4 million from the Gwangju District Court for the crime of violation of the Road Traffic Act (driving) and KRW 5 million from the same court on May 30, 2013.

On March 2, 2015, at around 00:35, the Defendant driven a B-car under the influence of alcohol without a vehicle driver’s license from the front of the “B-house apartment” located in the B-dong-dong-dong, Gwangju to the front road of the “Influence Station” located in the Gwangju-dong-dong-dong, the Defendant driven a B-car without a vehicle driver’s license with approximately KRW 7km alcohol level of 0.116%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Investigation report (Attachment to detailed statements of suspect's driver's license);

1. Previous records of judgment: Application of criminal records, inquiry reports (former records and attachment reports of judgment) and 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 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, including the defendant's order of community service, order of education, driving without a license, driving distance, blood alcohol concentration, and other defendant's age, character and conduct, environment, health conditions, circumstances of crime, and circumstances after the crime, etc.