A defendant shall be punished by imprisonment for not less than eight months.

However, 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 May 14, 2013, at around 19:03, the Defendant driven a 125CC B coop vehicle owned by the Defendant under the influence of alcohol 0.164% of alcohol alcohol concentration, without a motorcycle driver’s license, at a distance of about 200 meters from the front of the naval waveus, located in the Donsan-ri of the Donsan-gu, Seoul Metropolitan City, Seoul Metropolitan City, to the front of the search floor located in the same Eup/Myeonnsan-ri.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 2, 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been punished several times due to drinking driving and unauthorized driving, and in particular, in light of the fact that the defendant was concurrently punished by a suspended sentence of imprisonment and a fine for the same crime in 2010, even though he was sentenced to the same crime, he/she did not know himself/herself, and that the blood alcohol concentration at the time of driving was considerable, etc., he/she is judged to require strict punishment, and thus, he/she will choose imprisonment.

However, the execution of a sentence is suspended on the condition of probation and order to attend a lecture, taking into account the following: (a) the defendant's time to commit a crime; (b) the act of the defendant does not actually cause any personal and material damage; (c) the vehicle driven by the defendant is a motor bicycle, not a motor vehicle, but a motor vehicle; (d) the driving distance is not relatively long; and (e)