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

[criminal power] On February 13, 2012, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act from the Daejeon District Court on February 13, 2012, and a summary order of KRW 3.5 million for the same crime in this court on September 27, 2013.

【Criminal Facts】

On June 6, 2015, the Defendant, without obtaining a motorcycle driver’s license at around 01:07, driven B C&100 motorcycles over about 500 meters from the Do in front of the “Saong-gu, Cheongju-gu, Cheongju-si,” located on the side of the Cheongju-gu, Chungcheongnam-gu, Cheongju-do, to the Do in front of the “Saong-gu, Cheongju-gu.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and a manual for control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant’s reason for sentencing under Article 62-2 of the Probation Criminal Act, including the first head written in the judgment, has been four times the previous convictions due to the violation of the Road Traffic Act, but also repeated the same offense under the influence of alcohol without a license. As such, the Defendant should be subject to strict punishment.

However, there are many kinds of problems such as the defendant's age, character and behavior, occupation, family relationship, etc.