A defendant shall be punished by imprisonment for six months.

However, 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 May 4, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court. On October 17, 2011, the same court issued a summary order of KRW 1.5 million as a fine for the same crime. On November 27, 2014, the same court received a summary order of KRW 5 million as a fine for the same crime.

【Criminal Facts】

As above, the Defendant had been punished twice or more for the violation of the Road Traffic Act, but around July 24, 2016, 201: (a) around 21:50 on July 24, 2016, while under the influence of alcohol at 0.172% of the blood alcohol level without a motorcycle driver’s license, the Defendant driven B Obba from the 200-meter radius to the road near the Yan-gu Office located in the same Ri area from the day before the Yan-gu, Nam-gu, Nam-gu, Yan-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, investigation reports, and statutes, such as criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture: The above circumstances are that there was a history of punishment for drinking driving three times, circumstances favorable to the high drinking level: the driving crime is the crime of otoba, the traffic accident is not caused, the absence of excess of fines, and the mistake is against each other.