A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 30, 2009, the Defendant was sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking), etc., in the leisure support of the Friwon method, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) on August 31, 2016.

On October 6, 2018, without obtaining a license for a motor device bicycle, the Defendant driven a 125cc - without registration, which was not covered by a 1k quantity mandatory insurance from the road located in the Byeong-gun in the form of 0.200% alcohol concentration in the blood while under the influence of alcohol, to the front road of the 490-round Byeong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The ledger using sobling measuring instruments;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Crimes prescribed in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving). Punishment shall be imposed on any more severe electronic crimes);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act by aggravation of concurrent crimes (the aggravation of punishment provided for a crime of violating Road Traffic Act, with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition by taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the following: (a) the time when sentencing is based on Article 62(1) of the Criminal Act; (b) the motive for driving drinking alcohol; and (c) the motive for having been punished twice due to the same kind of crime; (d) the degree of punishment for the same type of crime; (e) the sale of the above wheels; (e) the Defendant’s age, sexual conduct, environment, etc.