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

[criminal history] On June 23, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violating road traffic laws in the Gwangju District Court's net support on June 23, 2008, and on December 30, 2010, the Defendant was issued a summary order of 5 million won for a crime of violating road traffic laws (drinking).

[2] On December 22, 2015, the Defendant, at around 01:26, driven a motor vehicle without obtaining a motor vehicle driver’s license in the section of approximately 6 kilometers in front of the gold apartment in the Shin-dong at the time of rain, in front of the 3rd apartment in the Shin-dong at the time of rain, and driven a motor vehicle with a alcohol content of at least 0.129 percent under the influence of alcohol during blood.

Summary of Evidence

The defendant's legal statement statement report, report on the situation of the driver, report on the drinking driving control result, previous records on the ledger of driver's license: The application of two copies of inquiry, such as criminal history, and a copy of summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant commits a mistake, the fact that the defendant was punished for driving under drinking twice or more times, and the light installed for the crackdown on drinking, etc. and damages it by shocking it);

6. The community service order under Article 62-2 of the Criminal Act;