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

On November 28, 2008, the Defendant was notified of a summary order of a fine of KRW 3 million due to a violation of road traffic law in the Changwon District Court's Changwon District Court's branch on November 28, 2008, and on December 24, 2010, the Defendant was subject to a summary order of KRW 1 million due to a violation of road traffic law (driving) in the same court on December 24, 201, and was subject to punishment for drinking more than twice.

On March 31, 2016, the Defendant, at around 13:04, operated the CITI100 bicycle riding device under the influence of 0.125% alcohol concentration in front of the middle village located in the same side at approximately 500 meters away from the first village in front of the Seocho-gun, Chocheon-gun.

As a result, the defendant driving a motor bicycle without a motor device and a bicycle driver's license under the influence of alcohol even though he/she had a record of punishment on more than two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, notification of the results of regulating drinking driving, the register of driver's licenses, etc.;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, had been punished several times due to drinking or non-licensed driving, but the instant drinking or non-licensed driving was conducted, and the blood alcohol concentration at the time of driving the instant drinking was relatively high, resulting in a traffic accident. In particular, the Defendant continued to drive a non-licensed driving, which was used for the instant crime.