A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 700,000,000 for a fine due to a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 28, 2008, and a summary order of KRW 1.5 million for the same crime in the same court on January 27, 2012, respectively.

On July 21, 2013, at around 17:17, the Defendant driven D City 100 Oba (100cc) under the influence of alcohol concentration of about 0.075% without obtaining a motorcycle driver’s license from the 2km section from the front road of the House C located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul to the front road of the macrogsan City located in the same Gun, and driving D City 100 Oba (10c).

As a result, the Defendant once driven a motor vehicle, etc. while under the influence of alcohol, but once again driven the motor vehicle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Report prior to ruling: Application of inquiries, such as criminal records, and each summary order statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no criminal conviction or heavier than a suspended sentence against the defendant, and the defendant reflects the crime in this case, and that the blood alcohol concentration level at the time of driving under the influence of alcohol in this case is not high);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation and community service order under Article 62-2 of the Criminal Act;