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 17, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violating the Road Traffic Act, and a fine of KRW 4 million for the same crime in the same court on June 1, 2011.

On March 23, 2015, the Defendant had been punished for the violation of the Road Traffic Act (driving) more than twice as above, but on March 23, 2015, at around 23:55, the Defendant driven a 49CC 10% alcohol concentration at approximately 0.108% in the section of about 10 meters from the front side of the North-gu Stungdong Stung-dong Stung-dong Stung-dong, and drive a 49CC clib without a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous conviction: Application of investigation reports (verification of sound driving records) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 on the suspension of execution (the fact that there is no record of punishment exceeding the fine for the same kind of crime, etc.);