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

[criminal power] On October 14, 2013, the Defendant was issued a summary order of KRW 3 million by the Busan District Court for a violation of the Road Traffic Act (driving). On July 19, 2016, the Defendant was issued a summary order of KRW 3 million by the same court with the same crime, etc.

【Criminal Facts】

On September 13, 2016, at around 23:45, the Defendant driven at around 50 meters from the distance of 50 meters to the front of the convenience store at around 87-3 of the same network e.g., from the cafeteria located in the swimming-dong of Busan to the 0.104% alcohol concentration without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. The fact that there is no record of criminal punishment exceeding the fine as to the fact that the Defendant committed the instant crime, even though there was a history of criminal punishment twice due to the normal drinking driving at a disadvantage of the reason for sentencing under Article 62-2 of the Criminal Act, and the fact that the Defendant’s age, character, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc. has been considered, and the punishment as set forth in the Disposition shall be determined by comprehensively taking into account the following factors: