1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 November 20, 2013, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 4 million as a fine in the same court on May 24, 2016.

On July 16, 2016, at around 03:55, the Defendant driven a B-hand car with a blood alcohol concentration of at least 0.137% under the influence of alcohol without a car driver’s license, from around 03:55, to around 104 parking lots in the same Gu, the Ronam-Gongju 1 Complex 104, which is located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of driver's licenses, reports on detection of drivers, circumstantial statements of drivers, and driving licenses;

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. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).