A defendant shall be punished by imprisonment for not less than eight 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 July 30, 2014, the Defendant was notified of a summary order of a fine of KRW 4 million due to a violation of road traffic law (driving driving) at the Seoul Eastern District Court, and on July 18, 2008, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor due to a violation of road traffic law (driving driving) at the Seoul Northern District Court.

[2] Around 20:30 on March 22, 2018, the Defendant driven a bicycle with BBBV 125c motor in the state of alcohol concentration of about 0.157% while under the influence of alcohol without a motor device bicycle driver’s license at the section of about 30 meters from the 50-ro, Seongdong-gu, Seoul, Seongdong-gu, Seoul to the 10-ro 10, 100, 100-ro, 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. References to inquiries about criminal history, application of each summary order, and copies of the judgment;

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

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The Defendant’s criminal liability is heavy in full view of the following: (a) the reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend lectures, the high drinking volume (0.157%) of this case’s drinking water, and the Defendant’s records of punishment for drinking, driving without a license, etc.

Provided, That a judgment of suspension of execution shall be rendered in consideration of the circumstances, such as the short distance of the defendant's vehicle and the depth of the error.