A defendant shall be punished by imprisonment for six months.

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

Criminal facts

[criminal history] On July 10, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and KRW 3 million for the same crime at the same court on August 17, 2011, respectively.

[ 범죄사실] 피고인은 2017. 2. 15 20:00 경 원동기장치 자전거 운전면허를 받지 아니하고, 혈 중 알코올 농도 0.074% 의 술에 취한 상태로 화성 시 병점 동에 있는 뚱뚱 식당 앞 도로에서부터 같은 동에 있는 세 븐 일 레 븐 앞 도로에 이르기까지 약 300m 구간에서 C SV125 오토바이를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: References to inquiries, the application of Acts and subordinate statutes on investigation reports (the same type of crime records);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a history of criminal punishment several times for the same kind of crime, and that the defendant does not appear in the court even after a writ of summons, is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, career, environment, circumstance and result of the crime, etc., and all of the sentencing conditions shown in the records and arguments of this case, such as the following facts: (a) the defendant is deeply divided and reflected in the crime of this case; (b) Alz appears to have been living in prison and to have been under financial difficulties; (c) human and material damage has not occurred due to the crime of this case; and (d) the degree of exploitation has not occurred due to the crime of this case; and (e) the punishment is determined as ordered in consideration of all the sentencing conditions shown