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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 3, 2010, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on October 2, 2013, the Defendant issued a summary order of KRW 3 million at the Busan District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 14, 2014, at around 00:30, the Defendant driven the two-wheeled automobile with a blood alcohol concentration of 0.144% under the influence of alcohol at the nearest road of the Japanese pharmacy located in the Gamban-gu, Busan without a motorcycle driver's license.
As a result, the defendant driving a motor vehicle without obtaining a motorcycle driver's license, while driving a motor vehicle under the influence of alcohol, despite the fact that the defendant was found not less than twice as a crime of violation of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Report on driving under the influence of a driver, report on the status of driving under the influence of a driver, photographs at the time of measuring the condition of driving under the influence of a driver, details of disposition for cancellation of a driver's
1. Previous convictions: Application of Acts and subordinate statutes concerning 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the violation against the defendant, and the absence of criminal records subject to the punishment beyond the fine for the last ten years) or more;