A defendant shall be punished by imprisonment for six 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

[criminal history] On April 25, 2003, the Defendant was sentenced to a fine of KRW 1.5 million on the grounds of a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (dact-driving driving), 1.5 million in the same court on May 18, 2007, and a fine of KRW 2 million in the same court on June 11, 2009, respectively.

[2] Even though the Defendant did not have a valid driver's license to drive a motor device bicycle, the Defendant driven a motor device bicycle in the east of Chungcheong-si around March 5, 2016, with approximately 0.116% alcohol level from around 10 meters before the end of the modern health center in Chungcheong-dong 42-1, Chungcheongnam-si, Chungcheongnam-si, Chungcheong-si.

As a result, the Defendant violated the prohibition of drinking not less than twice, and operated a motor bicycle under the influence of alcohol without having a valid driver's license to drive a bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the state of the driver's circumstances and inquiry about the results of regulating drinking;

1. A driver's license inquiry;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 43 of the Road Traffic Act (a person who drives a motor-free bicycle);

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 the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the defendant committed the instant crime even though he/she had been punished three times due to drinking or driving without a license: The defendant committed the instant crime.