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

On October 12, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Busan District Court.

On July 2, 2019, at around 10:0, the Defendant driven a Cmotor bicycle without obtaining a motorcycle driver’s license in a state of alcohol alcohol concentration of approximately 0.049% from the section of about 15 km from the Jinhae-gu apartment to the Jinhae Police Station located in 815 as the Jinhae Sea.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 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 reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.

The defendants are often punished for the same kind of crime.

However, considering the fact that the defendant recognized the crime of this case and did not repeat the crime, the defendant's age, character and conduct, family relation, environment, circumstances leading to the crime, motive, means and result, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors in the trial process of this case, such as the circumstances after the crime.