A defendant shall be punished by imprisonment for 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 17, 2011, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch, and on February 5, 2014, the Defendant received a summary order of KRW 5 million due to the same crime, etc. in the same court.

At around 01:20 on August 7, 2016, when the Defendant was punished two or more times for violating the Road Traffic Act, the Defendant driven a B S Qu125 (c) motorcycle without a motorcycle driver’s license, while under the influence of alcohol leveling about 0.124% at the distance of about 500 meters to the front of the thermal beach located in the same Ri, from the thermal beach located in the chemical dust.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. A previous conviction in judgment: Application of a reply to inquiry, such as a criminal record, investigation report (verification of a summary order of the same kind of power);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Consideration of various factors of sentencing recorded in the records, other than the above circumstances, such as Defendant’s age, character and conduct, environment, and circumstances before and after committing the crime, which are favorable to the fact that drinking is high, drinking is high, and that there is a record of punishment several times due to drinking and driving without a license: Otobane driving, there is no criminal record exceeding the fine, and there is no error.