A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal history] On August 6, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch branch on August 6, 2014, and was sentenced to a fine of KRW 4 million for the same crime in the same court on July 18, 2016.

[Criminal facts] On February 16, 2017, the Defendant, without obtaining a license for a bicycle for a motor device at around 21:10, driving a vehicle at approximately approximately 200 meters CTS125 Obabab in the section of CTS 200 meters from the front of the febabbbbb in the feculbbbb in the eculcian, while under the influence of alcohol content 0.086% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, inquiry into the results of crackdown on drinking driving, inquiry into the details of driver's license, and application of Acts and subordinate statutes to the details of disposition on revocation of license;

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol, the selection of imprisonment), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a bicycle without a license for motor device, the selection of fines) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Traffic Act of a road with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant was punished by a fine for the same kind of crime and again committed the crime in this case at least seven months, under the circumstances unfavorable to the defendant, while the defendant appears not to own the vehicle at present, the defendant is required to support two children and his/her mother, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, shall be comprehensively considered and determined as ordered.