1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. On July 30, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act, and on October 23, 2012, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for a crime of violating the Road Traffic Act at the Gwangju District Court.

On April 11, 2015, at around 21:43, the Defendant driven an E-wit truck under the influence of alcohol with approximately 800 meters alcohol concentration of 0.142% from the front of the E-mail station located in the Masan-dong in the Gwangju Mine-gu to the bottom of the fish class located in the same Dong.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

2. The Defendant has driven the above cargo without obtaining a driver’s license at the time and place specified in paragraph (1) of this Article.

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 convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records and copies of summary orders;

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. Article 62 (1) of the Criminal Act;

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act for probation and community service order, the fact that there was a history of punishment several times including the suspended sentence of imprisonment for the same crime, the blood alcohol concentration is high: Provided, That the crime of this case does not lead to traffic accident, and the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all of the sentencing factors indicated in the arguments of this case shall be determined as ordered.