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 of the final judgment.

Punishment of the crime

On July 17, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on July 17, 2009, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on August 10, 201.

On February 21, 2013, at around 16:50, the Defendant driven a motor motor bicycle without a motorcycle driver's license from the front side of the Cheongdokdong in the front of the road in front of the development in the same region, while under the influence of alcohol of 0.241% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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 the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, including probation, community service, and order to attend a lecture, is that the Defendant has a history of being punished by a fine due to drunk driving or unlicensed driving, and that the blood alcohol concentration of the instant crime is highly high, shall be considered as the reason for sentencing disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment, that the defendant reflects his fault, and that the defendant should support his child who is a high school student.

In addition, the sentence identical to the order shall be determined by comprehensively taking into account all the grounds for sentencing, including the defendant's age.