A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 20, 2007, the Defendant was issued a summary order with a fine of one million won as a crime of violation of road traffic law at the Suwon Franchising Franchising Board, fine of two million won as a crime of the same crime in the Jung-gu District Court Goyang Branch on May 1, 2013, and fine of seven million won as a crime of the same crime at the Seoul Southern District Court on March 8, 2016, respectively.

[2] On December 11, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven a DMW car at approximately 100 meters while under the influence of alcohol level 0.097% in the blood alcohol level at the front of the 9th class of the same city at the shopping district center located at the Papju City of Papju on December 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a driving driving, inquiry into the results of regulating drinking driving, the circumstantial report on driving without a license, and the register of driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1 and Article 48 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the fourth drinking from 2007 to the instant crime.

In addition, the defendant committed a non-licensed driving crime.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the defendant's age, sex, alcohol density in blood, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions identified in the records and trial process of this case shall be determined as ordered in consideration of the text.