A defendant shall be punished by imprisonment for six 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 history] On July 2, 2008, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving), a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on August 16, 2010, and a fine of one million and five hundred thousand won for a violation of the Road Traffic Act at the Changwon District Court on August 30, 2012, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court on August 30, 2012, and a suspended sentence of two years for a violation of the Road Traffic Act (dacting driving) at the same court on August 25, 2015, respectively.

[2] On August 30, 2018, the Defendant driven a cVL125 motor bicycle under the influence of alcohol concentration of about 0.114% without obtaining a bicycle driver’s license from the front day of the Daecheon-dong, Jincheon-gu, Jincheon-ro, Jincheon-ro, to the front day of the same Gu-ro 65, and from approximately one kilometer-ro 1, to the front road of the Jinhae-gu public film parking lot, the Defendant driven a bicycle under the influence of alcohol concentration of about 0.114%.

As a result, the Defendant, who has violated the prohibition of drinking twice or more, once again, passed a motor device bicycle while drunk in violation of the above provision, and operated a motor device bicycle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver of a vehicle driving, report on the circumstances of the driver of a vehicle driving, inquiry of the results of crackdown on drinking, and notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and confirmation reports);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating traffic Acts with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's person on the following grounds for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation.