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 April 7, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, which was sentenced to a fine of KRW 1 million in the same court on September 24, 2014, a summary order of KRW 1.5 million for the same crime, and a summary order of KRW 6 million in the same court on July 23, 2015, which was sentenced to a summary order of KRW 6 million in the same court on July 23, 2015, on two or more occasions as a crime of violation of the Road Traffic Act.

On January 19, 2016, at around 01:04, the Defendant driven a C motorcycle under the influence of alcohol level of about 0.085%, without obtaining a driver’s license, from the front side of the CU convenience store in the vicinity of the BU convenience, to the front side of the cU convenience store in the same Dong, and without obtaining a driver’s license at a section of about 300 meters from the end of the cU convenience road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (including the fact that the instant crime has been committed again despite the fact that a large number of drinking and driving force without obtaining a license exists);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 21, 2009; Supreme Court Decision 2009Da1248, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;