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 October 30, 2006, the Defendant received a summary order of KRW 2 million from the Gwangju District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act, and on August 26, 2014, a summary order of KRW 4 million from the Gwangju District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act.

피고인은 2016. 3. 6. 16:12 경 원동기장치 자전거 운전면허 없이 혈 중 알코올 농도 0.082% 의 술에 취한 상태로 광주 광산구 B 아파트 29 동 앞 도로에서부터 같은 구 C에 있는 D 앞 도로까지 약 500m 구간에서 E 프리마 랠리 오토바이를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of criminal career data and summary order-related 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following factors: (a) the Defendant’s records of punishment for the same crime for sentencing of Article 62-2 of the Criminal Act (not less than four times from 2000 to 2014 due to drinking driving, and not more than three times due to a non-licenseed driving, and not more than a fine) the driving distance, the degree of alcohol level, the Defendant’s age, sex, sex, environment, health conditions, the circumstances of the crime, and the circumstances after the crime, etc., the sentence shall be determined as ordered by the Disposition.