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 this judgment becomes final and conclusive.

Punishment of the crime

On May 12, 2017, the Defendant was punished by a fine of KRW 7 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 12, 2017, and a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on November 22, 2010.

On December 1, 2018, around 04:25, the Defendant driven an E rocketing car with approximately 10m alcohol concentration of 0.163% without a driver’s license, while under the influence of alcohol from the front of B, to the front of D on the road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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. Probation and community service order under Article 62-2 of the Criminal Act, comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the defendant's criminal records (the same type of force, the previous drinking driving criminal records, etc.), the nature of each of the crimes of this case, the degree of the defendant's blood alcohol concentration at the time of driving of this case, the circumstances leading to the control of each of the crimes of this case, the defendant's reflectivity, family relations, etc.

It is so decided as per Disposition for the above reasons.