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

【Criminal Records of Crimes】 On February 14, 2013, the Defendant was sentenced to a fine of four million won due to a violation of road traffic laws at the Ulsan District Court on February 14, 201, and a fine of five million won due to a crime of violating road traffic laws (drinking) at the same court on November 14, 2016.

【Criminal fact-finding on September 1, 2016, the Defendant driven a motor device bicycle at approximately 300 meters section from the front day of the Dong-gu, Ulsan Metropolitan City to the front day of the mountain school located in 12-gil 11 of the same Jinseong-si, Ulsan Metropolitan City, to the front day of the mountain, and without obtaining a motor device bicycle license from the 300-meter section, and driving a 49C obbane without a number plate that is not covered by mandatory insurance in the state of alcohol content of 0.063%.

As a result, the Defendant violated the prohibition on drinking at least twice in violation of the above provision, driving a motor bicycle without obtaining a motor device license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation report (report on non-performance of mandatory insurance);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant had a history of driving drinking not more than nine times, such as drinking driving, etc., and the fact that the defendant has a history of serving a sentence and a stay of execution, but is not improved at all, etc. is very unfavorable.