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

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

Punishment of the crime

On November 14, 2008, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on November 14, 2008. On July 9, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court.

On September 19, 2012, at around 14:28, the Defendant driven a motorcycle with a blood alcohol level of 0.259% at around 0.259%, without obtaining a motorcycle driver’s license at around about 10 meters from the day before the cafeteria in Yacheon-si to the front day of the Youngcheon-si Gyeongcheon-si, the Defendant driven a motorcycle at about 50cc obane without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant is against his/her will and other consideration of his/her age, happiness environment, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;