A defendant shall be punished by imprisonment for six months.

except that 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] The Defendant is a person who has a career of punishing drinking driving two times or more in the Changwon District Court on September 28, 2009, by receiving a fine of three million won for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, and a fine of 2.5 million won for the same crime, etc. in the Changwon District Court Msan Branch on March 12, 2012.

【Criminal Facts】

On August 24, 2016, at around 23:40, the Defendant driven a B rocketing car with approximately 0.092% alcohol alcohol concentration without a vehicle driver’s license in the area of approximately 300 meters in front of the 102 parking lot of the Southern apartment located in the same Eup from the Do before the “Yababin Do-Eup, Haan-gun, Chungcheongnam-gun.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of traffic accidents, the ledger of driver's licenses, notification on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

Unfavorable circumstances: The record of punishment for the same crime has been three times, but the crime of this case has been committed.

The blood alcohol concentration level is not low.

The favorable circumstances: The crime of this case is against the law.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

A vehicle is scrapped and again a vehicle is expected not to drive under drinking.