A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On August 15, 2016, the Defendant driven the CBR600 at the section of about 50 meters from the ice Forest Sticking Park, which is located in the Chuncheon City, without obtaining Class 2 driver's license, while under the influence of alcohol content of 0.072% during blood transfusion, from around 03:50 to the front of the tower located in the same Dong.

Summary of Evidence

1. Partial statement of the witness C;

1. A protocol concerning examination of the suspect of a defendant or C by a part of the prosecution against the defendant;

1. Reporting the occurrence of traffic accidents, actual survey reports, reports on detection of drivers at the main place, records of 112 reported case processing, emergency medical services log, driver's license register, recording of 119 reported matters, and the application of Acts and subordinate statutes of 112 reported matters;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Road Traffic Act due to a heavier driver's license);

1. Selection of imprisonment with prison labor chosen;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. The summary of the argument is only the fact that the defendant, while under the influence of alcohol, has boarded a bicycle on the front of the D crosswalk and has been transferred to an ambulances, and there is no fact that he has driven a motorcycle like the facts constituting the crime in the judgment.

2. The following circumstances acknowledged by the evidence revealed earlier, i.e., ① the owner of Ortoba (hereinafter “the instant accident”), who is the owner of Ortoba (hereinafter “Otoba”) indicated in the facts constituting the instant crime, have lent the instant Obaba to any male in the park near the place where the Ortobaba in the instant case was located, and immediately after the male was able to break out the instant Obaba (hereinafter “the instant accident”), and as seen above, there was an accident that a male gets out of the instant Obababa and uses the instant case on the road (hereinafter “the instant accident”).