1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On April 28, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law in support of the Sungnam-gu Friwon, and on January 25, 2011, the Defendant was sentenced to a suspended sentence of two years for three months for a violation of road traffic law at the Gwangju District Court.

On January 22, 2016, the Defendant driven a Cwork-free vehicle under the influence of alcohol content of 0.099% in blood without the driver’s license from around 22:45 to around 10 meters from the French land (hereinafter referred to as the “Sast Pacific-dong”) to the 313rd Cwork-ro, Singu, Singu, Sinri-ro, Sinri-ro, the 313rd Cwork-ro, the upper part of which was under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses for automobiles and inquiries into the results of arresting the case and regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 fact that there exists a record of being punished several times, including probation due to the suspension of drinking for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That since 2011, there is no record of being punished due to drinking, considering the degree of alcohol in blood alcohol, the defendant's age, sexual behavior, environment, circumstances of crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, crime, circumstance after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).