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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.
Reasons
Punishment of the crime
[criminal power] On November 14, 2006, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 29, 201, upon receipt of a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 29, 201, and on April 21, 2015, the Defendant issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seo branch of the Daegu District Court on April 21, 201 and violated Article 44(1) of the Road Traffic Act at least twice.
【Criminal Facts】
On August 17, 2015, the Defendant, without obtaining a license for a motorcycle at around 19:40 on August 17, 2015, driven a motorcycle at approximately 10km A-FOUR motor bicycle from the 10km section between the front side of the road in the Seocheon-gu Seocheon-gu, Daegu to the front side of the Gancheon-gu, Seocheon-gu, 201, under the influence of alcohol concentration of 0.126%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers, etc. of driver’s licenses;
1. Previous conviction: Application of a copy of summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (the suspension of execution of punishment shall be limited to only once in consideration of confession and reflective nature);
1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;