1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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 11, 2006, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on February 1, 2012, issued a summary order of KRW 3 million due to a violation of the Road Traffic Act at the Changwon District Court through the Changwon District Court on February 1, 201, and on March 13, 2012, issued a summary order of KRW 2,50,000 as a crime of violation of the Road Traffic Act at the Busan District Court on March 13, 2012. On April 13, 2012, the Defendant was sentenced to a summary order of KRW 2,000 to a suspended sentence of imprisonment for a violation of the Road Traffic Act at the Busan District Court on June 26, 2012.

On July 17, 2016, the Defendant driven a motorcycle with approximately 200 meters GTS 125 Obaba, while under the influence of alcohol of about 0.099% with a blood alcohol concentration, from the ambastro in the Seo-gu, Seo-gu, Busan to the ambastro in the same way as the medicinal water in the same region without obtaining a motorcycle driver's license on July 17, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

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

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

6. Probation, order to provide community service and order to attend lectures, and repeat the same despite the reason for sentencing and the influence of unlicensed driving, etc. under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Probation, etc. Act.