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 Force of Crimes】 On December 15, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on December 15, 2006, and a fine of KRW 4 million at the same court on February 4, 2016, and was sentenced to a fine of KRW 4 million for the same crime on at least two occasions.

【The Defendant, on August 6, 2017, operated a motor device bicycle without obtaining a motor device bicycle license from the front of the Defendant’s residence in the Nam-gu Incheon Metropolitan City, Incheon, to the front of the road in the Nam-gu, Incheon, without obtaining a motor device license with approximately 500 meters alcohol concentration of about 0.221% under the influence of alcohol in the middle-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Photographs of the suspect control;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of having been punished several times due to driving of the same kind of drinking, the fact that there is a record of having been sentenced to a suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle), the fact that drinking is high, is contrary to the circumstances that are disadvantageous, and the fact that the motor device bicycle was driven by a motor other than a motor vehicle, and