A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 4, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Busan District Court on February 12, 2014, which became final and conclusive on February 12, 2014, and is still under the suspended sentence. On February 3, 2010, the same court was sentenced to a fine of one hundred and fifty thousand won for a violation of the Road Traffic Act, and on September 18, 2003, the same court was sentenced to a fine of six months for a violation of the Road Traffic Act.

Although the Defendant had had a record of drinking twice or more as above, on March 9, 2014, at around 00:15, the Defendant driven a motorcycle without the license of a motorcycle driver in approximately 100 meters away from the front of the telephone station located in the Dondong-dong, Busan to the neighboring road of "119 real estate located in the Dondong-dong, Busan," while under the influence of alcohol with a blood alcohol concentration of 0.214% at around 0:15, 2014.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The driver's license ledger of a motor vehicle which has a result of drinking control;

1. Application of statutes to inquiries about criminal records, etc.;

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 in consideration of the fact that the sentence is a crime during the same kind of suspended sentence;

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