A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal power] On April 3, 2007, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (e.g., drinking and unlicensed driving) from the Daejeon District Court. On December 14, 2007, the Defendant received a summary order of KRW 3 million for the same crime from the same court.

【Criminal Facts】

On November 24, 2012, at around 20:00, the Defendant driven CY ctiba under the influence of alcohol content of at least 0.203%, without obtaining a motorcycle driver’s license, from the front side of the package of the Gauri Apartment apartment around Seo-gu Daejeon, Seo-gu, Daejeon to the front side of the Seo-dong, Seo-gu, Seo-gu, Seosan, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Crabiopi photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of criminal records of the same kind of crime) Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting a crime under subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act between the crimes of violation of each Road Traffic Act at the time of making a market and the punishment imposed on a crime of violating the Road Traffic Act due

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 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. In light of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant should be sentenced to strict punishment, taking into account the fact that a person has been sentenced to a fine due to an unlicensed driving for the reason of sentencing, even though his/her previous offense was committed several times, and the same offense has been repeated. On the other hand, since 2008, the defendant has no criminal records, and his/her depth is reflectd, and the defendant's age, character and conduct, family environment, and five times of criminal records