A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 22, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Suwon District Court, and on October 19, 2012, a summary order of KRW 3 million for the same crime at the leisure branch of the Suwon District Court, respectively, and each of the above summary orders became final and conclusive.

On September 5, 2013, at around 21:04, the Defendant driven a fluoral fluor in the section of approximately 200 meters without obtaining a motorcycle driver’s license from the front side of the instant restaurant located in the Chang-si, Leecheon-si to the front side of the instant restaurant located in the same city middle-dong, the Defendant driven a fluoral fluoral fluor in the section of approximately 00 meters, without obtaining a motorcycle driver’s license.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, as a person who violated Article 44(1) of the Road Traffic Act more than twice.

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 records before ruling: Application of inquiry reports and investigation reports (report accompanied by a summary order), such as criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g. distance of sound driving, blood alcohol concentration level, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;