A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 12, 2020, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by Seoul Southern District Court.

Nevertheless, at around 10:50 on July 13, 2020, the Defendant driven B Otoba while under the influence of alcohol level of 0.081%, without obtaining a motorcycle driver's license from a Do under the influence of 10:50 on July 13, 202, to the north of Yongsan-gu Seoul Metropolitan City Han River-dong, Yongsan-gu, Seoul.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. A copy of the driver's license register of the report on the legal statement of the accused on the violation of the Road Traffic Act and the report on the actual state of driving without driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of sound driving);

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the degree of discretionary mitigation is not relatively heavy);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;