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

On August 31, 2009, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court on July 5, 2010, a fine of five million won due to a violation of road traffic law (drinking driving) at the Busan District Court on July 5, 201, and on August 12, 2010, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law (drinking driving) at the Sung-gu District Court's Sung Branch branch

On January 13, 2018, the Defendant, without obtaining a motor engine bicycle license for light engine equipment around 22:09, operated a motor device bicycle under the influence of alcohol with approximately 40 meters alcohol concentration 0.163% from the 40-meter section of blood alcohol from the front of the Geum-dong, Geumdong, Busan to the front of the same line.

Accordingly, the defendant was punished not less than twice as a crime of violating the Road Traffic Act(drinking) and driving a motor vehicle under the influence of alcohol without obtaining a motor device bicycle license again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of drinking driving force, etc.) statute;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Three times the criminal records of the same kind of crime, the blood alcohol concentration is relatively favorable: The fact that the blood is against the fact that there is no record of punishing drinking drivers for a considerable period before and after the judgment in 2010, and other circumstances after the crime are committed.