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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 27, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong-gu branch on January 27, 2011, and on August 26, 2015, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) in the same court on August 26, 2015.

[2] On May 16, 2015, at around 01:20, the Defendant: (a) driven a car under the influence of alcohol concentration of 0.155% without obtaining a driver’s license from the section of approximately 1 km from the front of the land reclaimed in the Gapo-dong, Gyeongnam-si, Gyeongnam-si to the real estate front road; and (b) driven a car without driving the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a written statement of the driver driving of drinking alcohol and a report on the situation of driving alcohol ( drinking and non-license);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of such previous record);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, family relation, circumstances leading to this case's crime, and circumstances before and after this case's crime, etc. are considered and sentenced to three times a fine under Article 62-2 of the Criminal Act due to driving of drinking alcohol for the reason of sentencing, and thus, the quality of the crime is not good. It is so decided as per Disposition on the ground that the defendant was sentenced to punishment by taking into account the defendant's age, occupation, sex, family relation, circumstances before and after the crime of this case, etc.