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 November 10, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on November 10, 201, and on February 16, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act.

On December 8, 2013, at around 16:35, the Defendant driven B 49C oba while under the influence of alcohol with 0.208% of the blood alcohol concentration on the front of the Taebasan cafeteria, which is located in the Solsan-Eup, Taesi, Busan, without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of standing and statement, report on occurrence of traffic accidents, and driver’s license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. It is necessary to strictly punish a person under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the majority of criminal records of the same type, the recidivism during the period of probation, the degree of drinking, and the occurrence of an accident, etc. However, considering the following factors: (a) driving of amba, driving of amba, receiving treatment for alcohol disorder and depression, and try to make a family with a ambast with a woman living together with a baby who is too late; and (b) not repeating the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;