A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 30, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million with the same crime in the same court on September 24, 2013, respectively.

On November 28, 2013, at around 18:45, 2013, the Defendant driven B B lucoodi, while under the influence of alcohol content 0.246% without obtaining a motorcycle driver’s license, from the front of the joint market in Gohap-gun, Seocheon-gun, Seocheon-gun to the road at a point of about 1.5km in front of the village in the same Eup/Myeon.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a circumstantial statement of the driver, and a blood alcohol appraisal report;

1. Before ruling: Application of inquiry reports and investigation reports (Attachment to a ruling on the same type of power), including criminal records, to 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 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant reflects on his/her own crime and that he/she has no criminal record of suspended execution or heavier);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation and community service order under Article 62-2 of the Criminal Act;