A defendant shall be punished by imprisonment for six 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

On May 22, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions, such as a fine of two million won for a violation of road traffic law (driving of alcohol) in support of the development of a water source method, and a fine of seven million won for a violation of road traffic law (driving of alcohol) in support of the development of a water source method, etc. on July 11, 2013.

On January 30, 2016, around 22:10, the Defendant driven a C EF small-type car without a driver’s license in the 3km section of approximately 0.108% alcohol concentration in blood, from the front road of the Gyeonggi-si building B to the front road of the "Seoul stone" located in the same 3km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on the previous convictions in the same case

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)

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 (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined in full view of the sentence like the order.

Unfavorable circumstances: there are many records that the defendant has been punished for the same kind of crime.

The drinking volume is high.

The favorable circumstances: The defendant has made a confession of all crimes.

Downly, the defendant is driving under the influence of alcohol.