A defendant shall be punished by imprisonment for six 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 March 7, 2011, the Defendant issued a summary order of KRW 4 million at the Changwon District Court for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license), and the summary order of KRW 2 million at the same court on January 10, 201 as the violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 15, 2013, at around 01:10, the Defendant driven a Cmotor bicycle at approximately 2 km away from the adjacent road located in the same sular gate via the road located in the same sular gate, which is located in the corner of the Kimhae-si, in the state of drinking of 0.196% of the blood alcohol concentration without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on the results of confirmation of the previous records of the same kind);

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 154 and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order shall be determined by taking into consideration favorable circumstances, such as the following: (a) even though the Defendant had been 4 times for drinking without a license or twice or more for driving without a license since 2005, and the liability for such crime repeatedly is not provided for in the same crime; (b) the Defendant reflects his mistake in depth; and (c) the eradication of a licenseless driving without a license in the future.

It is so ordered as per Disposition for the reasons above.