A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 16, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 16, 2008, and a fine of KRW 2.5 million on December 27, 2010 by the same court as the same crime and was punished two times or more for a drunk driving.

On September 13, 2013, the Defendant, without obtaining a motorcycle driver’s license at around 14:50 on September 13, 2013, driven C 50 meters away from the 50-meter section, from the boom-gun, Ulsan-gun, Ulsan-gun, Namdong-gun, Seoul-do, to the day before the boom-gun, Chungcheongnam-do, Seoul-do, Seoul-do, in a state of drinking alcohol content of 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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 on the stay of execution (Taking into account the fact that the defendant is aged and does not drive a motor vehicle);