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 December 11, 2008, the Defendant has been sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act in the Gangnam Branch of the Chuncheon District Court on December 11, 2008; on November 28, 2012, the above court was sentenced to a fine of KRW 3 million due to the same crime; and on November 28, 2012, the Defendant is a person who is engaged in driving of the B motorcycle ( Model Name CA 110B).

On January 20, 2014, without obtaining a license for a motorcycle at around 16:30, the Defendant driven a two-km section from the front side of the ‘gyeong Sea Station' to the front side of the ‘gyeongdong Chyeong-si' in the same Dong in the situation of under the influence of alcohol of 0.190% of the blood alcohol level, as the motor bicycle of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Records before judgment: Application of criminal records, etc. 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 an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. The above punishment shall be determined by taking into account the favorable sentencing factors, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has a record of having been punished for the same kind of crime, etc., and that the defendant and the defendant do not repeat the crime, and that they do not repeat the crime.

It is so decided as per Disposition for the above reasons.