A defendant shall be punished by imprisonment with prison labor for up to 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

On November 28, 2008, the Defendant was issued a summary order of KRW 10 million by the Ulsan District Court with a fine of KRW 2.5 million due to a violation of the Road Traffic Act, etc. on March 29, 201, a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. at the same court on March 29, 201, and a fine of KRW 10 million by the same court on July 8, 2013, respectively.

On July 4, 2015, at around 04:50, the Defendant, without obtaining a motorcycle driver’s license, driven a BTS 125CC at approximately 1km section from the front side of the Ulsanando Water Sheet restaurant located in the Southern-gu, Ulsan-gu, Seoul-do, to the front side of the camping road located in the same Gu, under the influence of alcohol by 0.20% of the blood alcohol content.

Accordingly, the Defendant, while driving a motorcycle without obtaining a motorcycle driver's license, has violated the prohibition of drunk driving at least twice, and once again driven the motorcycle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on detection, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, and report on the state of drinking drivers;

1. The register of driver's licenses, the register of chassiss, investigation reports (a CCTV investigation installed on the routes in which a suspect moves), and CCTV images to captures;

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same 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. Article 62 (1) of the Criminal Act;

1. When considering the fact that probation and community service order had a majority of fines for the same kind of punishment for the punishment of Article 62-2 of the Criminal Act, and again repeated driving of drinking free licenses, Defendant would be punished strictly.