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

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

[criminal power] On January 7, 2008, the Defendant was sentenced to a summary order of KRW 1 million at the Gwangju District Court on August 22, 2008, to a fine of KRW 4 million on August 22, 2008, to a summary order of KRW 5 million on September 17, 2013, to a fine of KRW 3 million at the Gwangju District Court on September 19, 201, to a summary order of KRW 5 million on September 17, 2013, and to a fine of KRW 3 million on March 19, 2014, respectively.

【Criminal Facts】

On April 4, 2015, at around 22:50, the Defendant driven a car in the Category C with no driver's license, while under the influence of alcohol concentration of approximately 0.107% at about 1km from the 1km section of Gwangju Seo-gu to the 2nd circulation of Gwangju Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same kind of records);

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. The fact that probation and community service order have the record of serving several punishments for the same crime as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act: Provided, That there is no punishment exceeding fines for the same crime; the crime of this case does not lead to traffic accidents; the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime are committed shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character