A defendant shall be punished by imprisonment for six 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

[criminal power] On January 25, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on Cheongju District Court on January 25, 2007, and on November 27, 2008, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

【Criminal Facts】

On March 23, 2015, around 19:10, the Defendant driven a motor bicycle under the influence of alcohol of 0.116% with a blood alcohol concentration of 0.16%, without obtaining a motorcycle driver’s license from the front side of the 19:10 Sincheon-si 2 Complex Hacheon-si to the front side of the building construction in the same Dong from around 70 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. The driver's license ledger;

1. Photographs photographs of the accident site;

1. Before ruling: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. The Defendant, who has been sentenced to punishment, has been subject to punishment several times due to drinking driving and driving without license, and even before the suspension of the execution, committed the instant crime at the same time, is disadvantageous to the Defendant. The Defendant has led to the confession of the instant crime, and the fact that the Defendant is against the Defendant is favorable to the Defendant.

In this case, including the above circumstances.