A defendant shall be punished by imprisonment with prison labor for up to six months.

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 January 3, 2014, the Defendant received a summary order of KRW 1,500,000,000 from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act (driving) and KRW 1,500,000,000 from the same court on April 4, 2014.

On June 6, 2015, the Defendant driven a 3km D SL125 Obama from the Gamadong in Gangdong-gu in Seoul to the Gambadong in Seoul to the Gamba-dong 137, without obtaining a motorcycle driver's license at around 22:26, the Defendant driven a 0.192% alcohol level.

Accordingly, the defendant, who was punished for drinking twice or more, was driving a motorcycle without a motorcycle driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Disqualifications of the main office;

1. Previous conviction in judgment: Application of criminal records of foreigners and summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;