A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On May 27, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act by the Ulsan District Court, and on October 26, 2016, the Defendant was sentenced to a summary order of five million won by a fine of five million won due to a violation of the Road Traffic Act by the same court.

On October 4, 2017, the Defendant driven approximately 50cc obane, which was not mandatory insurance on the front road of the D Child Care Center located in Yangsan City, without a motor device bicycle license, under the influence of alcohol level of 0.191% among blood transfusion around 17:24, 2017.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle without obtaining a motor device bicycle license under the influence of alcohol, even though he/she had a power to drive a motor vehicle, etc. more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a report on detection of a driver with primary driving, and the register of driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 stay of execution (see, e.g., reflectiveness, hearing impairment of Grade VI, and the fact that family environment is not good);

1. An order to take lectures under Article 62-2 of the Criminal Act;