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 January 5, 2007, the Defendant was issued a summary order of 2.5 million won by the Seoul East Eastern District Court for the crime of violation of the Road Traffic Act. On July 11, 2014, the Defendant was sentenced to a suspended sentence of 2 years in August.

【Criminal Facts】

On June 24, 2016, the Defendant, without obtaining a motor engine bicycle driver's license from 19:50 on June 24, 2016, operated without mandatory insurance, without driving the 49CC bicycle, a non-registered motor bicycle under the influence of 0.071% of blood alcohol concentration, from the front of the king king cafeteria cafeteria cafeteria cafeteria, which is located in the lusium cafeteria, to the front road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Registers of driver's licenses and details of driver's licenses revocation;

1. Each internal investigation report and investigation report;

1. Before judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

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. Article 62 (1) of the Criminal Act;

1. Probation, the reason for sentencing under Article 62-2 of the Criminal Act - favorable normal conditions: The risk of vehicle is relatively lower than the vehicle due to the operation of Otoba, and it seems that it will be against the situation; and

(k) unfavorable circumstances: the fact that a person drives under a license without permission, is the same as that of the same kind.