A defendant shall be punished by imprisonment for not more than ten 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

On December 2, 2008, the Defendant received a summary order of a fine of three million won due to a violation of road traffic laws (drinking) from the Youngju District Court’s Young-dong branch on December 2, 2008, and on December 11, 2012, the Defendant was sentenced to a suspended sentence of two years with prison labor for the same crime, etc. at the Cheongju District Court.

A person who violated Article 44(1) of the Road Traffic Act at least twice, as seen above, the Defendant driven CK5 cars at around 18:59 on December 4, 2016, under the influence of alcohol leveling 0.125% while under the influence of alcohol leveling 0.125% without obtaining a driver’s license from the front of his house located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the same 6km from the front of his house located in B to the roads in front of the special transmission of the Dongjin-gu, Ycheon-gun, the same military air route.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Criminal records in the judgment: Application of a reply to inquiry, such as criminal history, a summary order, and a text 1 of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

2. 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).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had already been punished by a fine on several occasions by putting the crime of driving without a license for drinking alcohol. In other words, the Defendant was sentenced to a suspended sentence on December 11, 2012 by imprisonment with prison labor for the same kind of crime, and was sentenced to a suspended sentence of two years on December 11, 2012, and was punished by a fine for the crime of driving without a license even in 2015.

In addition, the crime of this case was committed again, and the alcohol concentration level among the blood transfusion of drinking driving was 0.125% higher.

However, on the other hand, from the time when the judgment on the suspension of execution became final to the day of the instant crime, the period of almost four years.