A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2015, the Defendant received a summary order of KRW 7 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, etc. 4 times the same kind of criminal records.

On September 23, 2016, at around 19:15, the Defendant driven a motorcycle (electric bicycle) under the influence of alcohol with approximately 1.5km of blood alcohol concentration of 0.173% without obtaining a motorcycle driver's license from around the road of the Sharing Call Center located in the Daejeon Seodong-dong, Daejeon, to the same 46 km-ro 36 km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (reports accompanied by a copy of summary order of the same criminal records against a suspect);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 (including the fact that there was no previous conviction exceeding the fine for the latest 30 years, the fact that there is any reflective fact, etc.);

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

1. Probation under Article 62-2 of the Criminal Act;