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 November 30, 2010, the Defendant was sentenced by the Gwangju District Court to a fine of one million won for a violation of the Road Traffic Act, and on September 19, 2012, the above court was sentenced to a fine of four million won for a violation of the Road Traffic Act.

On August 20, 2016, at around 02:00, the Defendant driven B car without a car driver’s license at approximately 30 meters away from the front side of the entrance of the mountain bridge in the Yongsandong-gu, Gwangju to the Yongsan-gu and the front side of the mountain zone in the same Dong-gu, the Defendant driven B car without a car driver’s license at approximately 0.131% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry 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 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. The sentencing period of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, and the defendant's records of punishment for drunk driving (the period from 2001 to 2012 is subject to punishment four times, and there is no record of fine or heavier punishment), driving distance, blood alcohol concentration, and other defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., shall be comprehensively considered and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.