1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Punishment of the crime

[criminal power] On February 26, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 28, 2010, KRW 2 million for the same crime from the Gwangju District Court's wooden Branch on September 28, 2010, and KRW 5 million for the same crime at the Gwangju District Court on March 6, 2015, respectively.

【Criminal Facts】

On August 3, 2016, around 01:30 on August 3, 2016, the Defendant driven CA car under the influence of alcohol with a blood alcohol concentration of 0.223% without obtaining a driving license from approximately 3km section from the front side of Gwangju Northern-gu to the front side of the OB beer, located in the same Gu Yangsan-dong.

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 records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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 there exists a history of punishment several times due to the reasons for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration is very high: Provided, That there is no criminal record heavier than the fine since 1998, the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc. shall be comprehensively taken into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc.

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