A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 14, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court’s Busan District Court’s Busan District Court’s Branch on December 14, 2015, and on January 6, 201, the same court was sentenced to a suspended sentence of two years for the same crime on August 201.

[2] The Defendant, without obtaining a motor device bicycle license on October 19, 2017, driven a motor bicycle under the influence of 0.128% of alcohol concentration in the blood in Gyeyang-gu Incheon, Gyeyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, who already had been punished twice or more due to drinking driving, drives a motor bicycle without drinking or obtaining a license, has not been less than the nature of the crime as a matter of driving the motor device under the influence of drinking or not. The defendant did not know even though he was under trial since he was regulated by the preceding case, and did not go to the crime of this case, and the degree of alcohol concentration in blood at the time of

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that it does not cause any harm to others due to the occurrence of traffic accidents while driving a drinking or without a license, and that it seems that the health situation is not good, and that it does not repeat the same mistake again, etc. are favorable to the defendant.