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

[criminal power] On May 2, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on May 2, 2012. On January 11, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

Although the Defendant had any history of violating the provision on the prohibition of driving under the influence of alcohol twice or more, on June 11, 2019, the Defendant driven DHJ125T-10A motorcycle, without a driver’s license, while under the influence of alcohol at approximately 0.170% in the section of about 1km from the front line of C through C in the direction of about 1km from June 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of drinking measurement and control;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (a copy of a summary order of the same type of crime) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrences (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months;

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for six months, suspended execution for two years (40 hours of social service, 40 hours of participation in the compliance driving lecture), the defendant's previous records (two times of a fine for a sound driving), the degree of blood alcohol, the developments and distance of driving, the situation and distance of the driver's license, the fact that the defendant's age, character and behavior, environment, family relationship, and other various circumstances revealed in the trial process of this case shall be determined as ordered.