A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On April 3, 2006, the Defendant issued a summary order of 500,000 won to a fine of 500,000 won as a crime of violation of the Road Traffic Act at the Seoul Central District Court. On January 12, 2010, the Defendant issued a summary order of 3 million won to a fine of 3 million won as a crime of violation of the Road Traffic Act at the Seoul Central District Court on July 2, 2010. On December 28, 2015, the Defendant issued a summary order of 300,000 won to a fine of 30,000 won at the Seoul Central District Court on July 2, 2010.

【Criminal Facts】

On July 10, 2016, the Defendant driven a CNY125B motorcycle at a section of about 200 meters from the front of the station distance in Seoul Jung-gu to the front road on the claim of Seoul Jung-gu without a driver's license, while under the influence of alcohol 0.261% of alcohol level, the Defendant driven a CNY125B motorcycle at a section of about 200 meters from the front road on the claim of Seoul Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on output of the result of drinking alcohol measurement, notification of the result of crackdown on drinking driving, and circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (report on the same criminal records and confirmation of the suspect), and application of each summary order Acts and subordinate statutes;

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 ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) even though the Defendant was found to have a record of drinking or unlicensed driving on several occasions, it is obvious that he/she again exceeds 0.2% of blood alcohol concentration by an unlicensed license.