A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On July 18, 2011, the Defendant was punished by a fine of two million won or more for a violation of the Road Traffic Act at the Changwon District Court on July 18, 201, and the Defendant was punished by a summary order of four million won or more for the same crime at the same court on February 4, 2014.

피고인은 원동기장치자전거면허를 받지 아니하고 혈중알콜농도 0.225%의 술에 취한 상태에서, 2014. 9. 26. 11:00경 창원시 진해구 자은동 포스코아파트 앞길부터 같은 구 덕산동 해군아파트 앞길까지 500미터 가량 B 대림랠리 49cc 원동기장치자전거를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of criminal records and summary order under each Act and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;