A defendant shall be punished by imprisonment for nine months.

except that 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 March 21, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on March 21, 2007, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the same court on October 16, 2008, and a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on August 29, 201.

[2014 Highest 579] On July 19, 2014, the Defendant, even though he had had a history of driving under the influence of alcohol more than twice, driven Chuju 125c motor bicycle from approximately 30 meters in front of the wind restaurant located in the Pungsan-Eup, Andong-si without a motorcycle driver’s license, to the BYC way located in the same Eup.

[2014 Highest913] On October 26, 2014, at around 17:05, the Defendant driven a motor vehicle with blood alcohol concentration of about 0.106% from the 5km section, while under the influence of alcohol level of about 0.106% from the 5km section, from the breath ground in the front of the same city and the breathal road in the same city, without a motorcycle driver’s license.

Summary of Evidence

[2014 Highest 579]

1. Defendant's legal statement;

1. Report on proper launch of drivers, investigation report (Attachment to the register of driver's licenses of motor vehicles);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a brewing driver's license report, certificate of driver's license (on board and before the market), criminal history records, investigation report (previous and attached documents);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 of the Road Traffic Act, 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 each sentence of imprisonment;

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

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

1. The confession under Article 62(1) of the Criminal Act and attitude against it appears; and