A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2009, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (drinking) at the Changwon District Court on October 16, 2009, and a fine of KRW 2 million for the same crime at the same court on June 4, 2012.

On August 10, 2015, at around 21:40, the Defendant driven a two-wheeled motor vehicle of CV250 (flobage 250c) without two or more kinds of small and medium-sized drivers, while under the influence of alcohol at approximately 0.08% of alcohol concentration in blood at approximately 500 meters from the original restaurant parking lot located in the Cheongcheon-si, Kimhae-si, Kim Jong-si to the entrance of the Cheongcheon-dong in the same Dong.

around 13:50 on October 19, 2015, the Defendant driven a two-wheeled vehicle of Category CV250 without any Class B or more small-sized driver's license at the 7km section from the front of the mountain village of Class 14 to the front of the outer distance of the east-dong located in Kimhae-si, Kimhae-si.

Summary of Evidence

"2015 Highest 2259"

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. The driver's license ledger (A);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and report on investigation (report attached to the judgment) (2015 order 2942);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Driving under the relevant legal provisions on criminal facts: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: 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 (only between violations of the Road Traffic Act by a person on August 10, 2015);

1. Selection of imprisonment with prison labor chosen;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act are the crimes of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment.