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 March 19, 2009, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. at the site of Suwon District Court on March 19, 2009, and on January 11, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

On April 30, 2014, around 13:30, the Defendant driven B obb in the state of under the influence of alcohol content of 0.201%, without a motorcycle driver’s license, from around 322-82 from the front day of Pyeongtaek-si, the Pacific Ocean to the front day of the same 34 km-ro 36 km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same type of decision-making) Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has a history of being subject to criminal punishment several times. However, even though the same kind of drinking driving force has been five times or more, in light of the fact that the defendant drives Otoba without a driver's license in a considerable drinking state, the crime is not liable. However, the defendant seems to have an attitude to recognize the facts charged in this case and to reflect his/her mistake, again helps the defendant not to drive drinking, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., are considered.