A defendant shall be punished by imprisonment for not more than ten 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 September 22, 2009, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on September 22, 2009. On March 23, 2012, the Defendant was issued a summary order of KRW 7 million with the same court on March 23, 2012.

On April 19, 2016, the Defendant driven a B-to-be under the influence of alcohol content of 0.255%, without obtaining a motorcycle driver’s license, from a section of about 100 meters from the front of the Sejong-si Park, which is located in Geumcheon-gu, Sin-si, Geumcheon-si, to the front of the Cheongju-si school located in the same Dong, and without obtaining a motorcycle driver’s license from around 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Investigation reports (Attachment of a summary order to a suspect for the same crime), criminal records, and application of Acts and subordinate statutes after inquiry;

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

1. Article 62 (1) of the Criminal Act;

1. In addition to the previous conviction of Article 62-2 of the Criminal Act on the grounds of sentencing, the fact that the previous conviction of the same kind of fine is exceeded, drinking water or reflects, there is no record of punishment exceeding the fine due to the same criminal conviction, and other conditions of sentencing as the order shall be determined by taking into account the following factors: the defendant's age, character and conduct, and environment, etc.