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

On November 21, 2008, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on November 21, 2008, and on December 4, 2019, the same court was sentenced to a fine of KRW 7,00,000 for the same crime.

Criminal facts

On October 4, 2020, the Defendant, without obtaining a driver's license at around 16:28, driven DW125 motorcycle from the Do following the water distribution station located in 129, Incheon Michuhol-gu, Incheon, to the Crd Road located in Michuhol-gu, Michuhol-gu, Incheon, with a blood alcohol concentration of 0.128%.

Accordingly, the defendant did not obtain a driver's license, and violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the register of driver's licenses notified as a result of the drinking control;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, 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 as a matter of choice (the details and details of the crime in this case, the blood alcohol concentration, the criminal records of the defendant, etc.);

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

1. Article 62 (1) of the Criminal Act (Taking into account reflective nature, the shape of the defendant's family, etc.);

1. Probation and order to attend a lecture, under Article 62-2 of the Criminal Act;