A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On October 25, 2007, the Defendant was sentenced to imprisonment for six months at the Ulsan District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and was sentenced to a fine of five million won by the same court on June 1, 2008.

On November 17, 2018, at around 20:58, the Defendant driven a motor bicycle without a license for a motorcycle while under the influence of alcohol at approximately 0.106% of alcohol level in the section of approximately 100 meters from Ulsan Dong-gu B, Ulsandong-gu, and up to D's front road.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, driven a motorcycle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers, the register of vehicle drivers, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic 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 for discretionary mitigation;

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

1. Article 62-2 (1) of the Criminal Act for orders to attend lectures;