A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 20, 2006, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on January 12, 2007. On November 11, 2010, the said summary order became final and conclusive on November 23, 201, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seo branch court of the Daegu District Court on November 23, 2006.

On October 6, 2012, the Defendant, without obtaining a motorcycle driver’s license on a motorcycle at around 21:02, driving the arms apartment at the 0.103 % alcohol concentration on the roads in front of the 103-Dong-dong, Daegu-dong, from the 1km section from the 1km road to the chill road located in the same wing-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports by prosecutors, investigation reports by prosecutors, and application of Acts and subordinate statutes as a copy of summary order;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;