A defendant shall be punished by imprisonment for six 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 October 17, 2007, the Defendant issued a summary order of KRW 2 million to the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), on November 26, 2008, a summary order of KRW 3 million due to the same crime in the same court on November 26, 2008, and on February 26, 2016, a summary order of KRW 5 million was issued to the same court on February 26, 2016.

그럼에도 피고인은 2017. 6. 2. 03:15 경 원동기장치 자전거 면허를 받지 아니하고 혈 중 알콜 농도 0.132% 의 술에 취한 상태에서 인천 부평구 시장로 시장 로타리에서 B 효성 프리마 랠리 이륜차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home; and

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of a copy of summary order bound thereto;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the lecture are as follows: (a) although the Defendant had a number of criminal records of three times of the same kind of crime, which violates traffic-related Acts and subordinate statutes, in addition, the crime of this case was committed under the influence of alcohol without a license, and the nature of the crime is not good; (b) but does not proceed to violate other traffic-related Acts and subordinate statutes; and (c) the Defendant’s mistake is divided later and later.