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 of the final judgment.

Punishment of the crime

On October 5, 2009, the Defendant issued a summary order of KRW 1 million with a fine of KRW 2.5 million at the Ulsan District Court on January 25, 201, a summary order of KRW 2.5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 25, 201, and a summary order of KRW 5 million with a fine of KRW 1 million on November 12, 201 at the Ulsan District Court on November 12, 2013, respectively.

On February 20, 2014, at around 22:35, the Defendant driven a C motorcycle under the influence of alcohol with a blood alcohol content of about 0.080% from the section of about 300 meters up to the front side of the defensive ginseng distance located in the same Gu on an insular road located in the Ulsan-dong defense Dong-gu, Ulsan-gu without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal 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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had already been punished several times due to drinking driving and driving without a license, the Defendant again driven a motorcycle in drinking condition without a driver’s license and went to commit the instant crime. In light of the criminal records of the Defendant, the circumstances leading to the instant crime, method of crime, etc., the nature of the crime is hot.

However, the defendant's mistake is divided and will not be reoffending in the future, and the defendant will be punished by a fine in excess of the previous one.