A defendant shall be punished by imprisonment for one year.

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 October 13, 2010, the Defendant issued a summary order of KRW 1.5 million by a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Seocho District Court on August 11, 2009, a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court on August 11, 2009, and a fine of KRW 2 million by the same court on April 24, 2008.

On June 23, 2015, around 18:00 on June 23, 2015, the Defendant driven Calba without obtaining a driver’s license under the influence of alcohol with a blood alcohol concentration of about 0.166% from the section of approximately 300 meters from the influent place in the Newdong, Eunpyeong-gu, Seoul to the front day of the same Gu-ro 7-gil.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the above regulations.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of crackdown on drinking driving, report on the state of drinking drivers' standing and statement, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment, etc. of the defendant and the fact that the defendant has been punished on nine occasions due to the violation of the Road Traffic Act in the past, the same sentence as the order shall be determined.