A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 13, 2009, the Defendant was notified of a summary order of KRW 2 million due to a violation of the Road Traffic Act (Refusal of measurement of drinking), and on September 30, 2010, the Defendant was notified of a summary order of KRW 2 million due to the same court’s violation of the Road Traffic Act (driving), and on August 11, 201, the Defendant was notified of a summary order of KRW 3 million due to the same court’s violation of the Road Traffic Act (driving).

On August 6, 2018, while under the influence of alcohol 0.125% in blood without a motor device bicycle driver's license, the Defendant driven B50CC bicycle at a section of approximately 300 meters from the 19:50 meters from the 19:50-meter radius to the 31st road of Denmark, in the front of the Seocho-si Jeju Jeju Jeju High District, to the 31st century.

As a result, the defendant, who has violated drinking two or more times, was driving a motor bicycle without a license while drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving;

1. Statement of the circumstances of the driver involved in driving;

1. Stobane photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that the crime of this case is recognized), unfavorable circumstances (the fact that the blood alcohol concentration was high at the time of the crime of this case, the defendant has a history of being subject to criminal punishment once due to the same crime, and the crime of violating the Road Traffic Act (refluence of alcohol measurement).