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

On November 9, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on November 9, 2012, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 21, 2015.

On September 4, 2016, the Defendant was a holder of a two-wheeled vehicle without registration CB-400, and was driving a two-wheeled vehicle without registration CB-400, which was not covered by mandatory insurance without a driver’s license, from approximately 30 km section of blood alcohol content at approximately 0.182% in the 30km section from the influent area of the Gwanak-gu Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City") to the influence in the Sinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. An appraisal report and a report on the current state of driving without a license;

1. Criminal records as indicated in the judgment; 1. Criminal records, replys to criminal records, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

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. Article 62 (1) of the Criminal Act;

1. To take into account the following factors: The reason behind sentencing under Article 62-2 of the Criminal Act is against the order to provide community service and attend lectures; twice the records of drinking alcohol; the driving of two-wheeled motor vehicles; the period of holding unregistered motor vehicles and the degree of drinking alcohol;