A defendant shall be punished by imprisonment for one year.

except that 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 October 22, 2002, the Defendant issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) in the Jeonju District Court's Jeonju branch court's regular support on October 22, 2002, and on September 27, 2005, the same court issued a summary order of KRW 3.5 million due to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and on November 28, 2008, issued a summary order of KRW 2.5 million by the same court on November 28, 2008.

피고인은 2016. 5. 11. 13:10경 전북 부안군 C 소재 도로에서부터 D 소재 도로까지 약 50미터 구간에서 원동기장치자전거면허를 받지 아니하고 혈중알콜농도 0.233%의 술에 취한 상태로 E 효성프리마랠리 오토바이를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on circumstantial statements of a drinking driver and the usage register of a drinking measuring instrument;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that a person commits an error, the fact that a person operates a compliance, and the fact that there is no criminal record exceeding the fine);