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

3.

Punishment of the crime

[criminal power] On April 8, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On July 19, 201, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 25, 2016, at around 14:30, the Defendant driven a B-wing truck under the influence of alcohol content of 0.106% without a car driver’s license, at a section of approximately 2.5 km from the end of the valley village located in the middle middle village in the same side, on the roads located in the C-Sasan-gun, Seoyangyang-gun, Namyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous record: Application of a copy of criminal records and summary order;

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, community service order, and order to attend a course of punishment under Article 62-2 of the Criminal Act; the fact that there exists a history of punishment several times due to drinking without permission; the blood alcohol concentration is high; the fact that there is no criminal record heavier than fines; the defendant's age, character and conduct, environment, circumstances of crime, circumstances after crime, etc.; and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior; and

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