A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 11, 2010, the Defendant was notified of a summary order of a fine of KRW 6 million by committing a violation of the Road Traffic Act, etc. at the District Court of the Republic of Korea on November 11, 201, and on January 16, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act.

As above, the Defendant is a person who violated Article 44(1) of the Road Traffic Act more than twice. The Defendant, as a holder of 125cc U.S.-registered car-free car without mandatory insurance, operated the above Obaba in a section of approximately 300 meters from the front side of the border elementary school located in the 3rd Doc-si, Guc-si, in the state of under the influence of alcohol by 0.134% of blood alcohol content without a motorcycle license around March 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Notification of the discovery of a motor vehicle with no registered wheels;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of investigation reports (No. 59 through 71 of evidentiary records)-related 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 the crime, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [see, e.g., the fact that the defendant has no record of being sentenced to punishment for the same kind of crime, the defendant shows his attitude of reflecting his depth by recognizing his mistake, and the fact that the previous suspended sentence is likely to serve together with the suspended sentence as a result of the cancellation of the previous suspended sentence];