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 December 18, 2013, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on December 18, 2013; and on July 25, 2016, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).

At around 01:20 on July 2, 2016, the Defendant driven a Cmerpt motorcycle under the influence of alcohol concentration of about 0.190%, without a motorcycle license, from the side streets from the Nongdo branch of the Nongdododododo to the front side of the market, at approximately 500 meters in the direction of the market.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and application of Acts and subordinate statutes to investigation reports (Attachment to sound driving and judgment without a license);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person was punished several times due to drinking or unlicensed driving, and the fact that the person committed the crime in this case before the crime in this case, the fact that drinking water is very favorable: The fact that the person was not involved in a traffic accident, the fact that the person was a crime during driving a motorcycle, the fact that there was no record of punishment exceeding a fine, and the fact that the person is against the mistake;