A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 13, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on December 13, 2016, and a summary order of KRW 5 million for the same crime in the same court on January 9, 2017.

On August 29, 2017, without obtaining a bicycle driver's license for a motor device, the Defendant driven COba in the section of about 200 meters from the front of the Young River cafeteria cafeteria, which is located in the summer-si, in the state of under the influence of alcohol of 0.123% during blood, to the front of the COba, in the state of under the influence of alcohol of 0.123% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence and photographs of the traffic accident;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment to the same type of crime), application of the 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; Article 154 subparagraph 2 and Article 43 of the Road Traffic 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. It is inevitable to choose to imprisonment with prison labor for the reason of sentencing Article 62-2 of the Criminal Act, in light of the criminal defendant's records of the same crime.

However, a punishment to prevent recidivism shall be determined by comprehensively taking into account the following factors: (a) the defendant's driving of a motor bicycle is relatively less dangerous; (b) the defendant is likely to not repeat a crime; and (c) the age, occupation, environment, etc. of the defendant; and