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 of the final judgment.

Punishment of the crime

On July 13, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 4 million as a fine in the same court on October 27, 2015, respectively.

피고인은 2016. 7. 22. 22:07경 광주 광산구 우산동에 있는 밀레니엄시장 부근 도로에서부터 같은 동에 있는 이마트 앞 도로에 이르기까지 약 80m 구간에서 혈중알코올농도 0.090%의 술에 취한 상태로 원동기장치자전거 면허를 받지 아니하고 B 효성프리마랠리 오토바이를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of punishment for drunk driving (the period from 2006 to 2015 shall be subject to three times for drunk driving), driving distance, blood alcohol concentration, and other criminal defendant's age, character and conduct, environment, health conditions, circumstances after the crime, and all of the sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., and the sentence as ordered.