A defendant shall be punished by imprisonment for 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 28, 2009, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 100,000 for a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on March 14, 201, a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act was issued in the same court on March 14, 201, and on May 31, 201, the same court was sentenced to the suspension of the execution of imprisonment of KRW 4 months for a crime of violation of the Road Traffic Act on at least two occasions and violated Article 44 (1) of the Road Traffic Act.

Nevertheless, at around 22:30 on June 6, 2013, the Defendant driven a lutob while under the influence of alcohol content of about 0.164% without obtaining a motorcycle driver’s license from around 600 meters to the road in front of the Magu Distribution of the same Rigu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant, who has been sentenced to criminal punishment for the violation of the Road Traffic Act in several times, and in particular, on May 31, 201, at the Changwon District Court's Jinwon District Court's Jinju branch, had been sentenced to the suspension of execution for 4 months due to the crime of violation of the Road Traffic Act, and again committed the crime of this case without being aware of it, it is reasonable to punish the defendant with severe punishment.

However, the criminal defendant committed the crime of this case, and the criminal act of this case is a motorcycle.