A defendant shall be punished by imprisonment for nine 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 November 26, 2010, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act at the Cheongju District Court on September 12, 2013, the Defendant received a summary order of a fine of four million won for the same crime in the same court on September 12, 2013, and on October 27, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of six million won for the same crime from the same court on at least two occasions.

【Criminal Facts】

On July 8, 2016, at around 22:05, the Defendant, without a car driver’s license, driven a car with Bsch Rexroth from approximately 1km to the front of the two dong-dong dong-dong apartment from the Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the trade name of Sung-dong to the 0.136% alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on the violation of the Road Traffic Act (driving), the report on the control of drinking and driving, the inquiry into the results of the control of drinking and the report on the state of drinking drivers;

1. Entry into the ledger of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, reply reports, investigation reports, and investigation reports (report on the confirmation of the same kind of power);

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 2 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been sentenced to three times a fine due to drinking driving, commits the crime of this case again, the defendant's blood alcohol concentration reaches 0.136%, the defendant has a history of being punished 18 times (two times a suspended sentence of imprisonment and 16 times a fine) by committing any other crime, on the other hand.