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

On December 20, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on December 20, 201, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on March 19, 2014.

On April 12, 2016, the Defendant, without a driver’s license, driven B-low-income car at approximately 20km from the mutual influent restaurant located in the light fluence 0.052% of alcohol level in the blood without a driver’s license to the front day of F-Won elementary school located in Gwangju Nam-gu, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes, such as inquiry, text of judgment, etc.;

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. In full view of the defendant's records of punishment for the like crime of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act (two times as stated in the previous conviction in the judgment of drinking driving, and one time as defined in the driver's license driving), driving distance, alcohol concentration during blood, and other criminal defendant's age, sex, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the sentence as stated in the arguments of this case shall be determined as ordered.