A defendant shall be punished by imprisonment for a term of one year and four 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 December 1, 2006, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court due to a violation of the Road Traffic Act (driving of sound), and on November 8, 2017, the Defendant received a summary order of KRW 3 million from the Suwon District Court due to a violation of the Road Traffic Act (driving of sound).

On September 5, 2019, at around 16:58, the Defendant driven a two-wheeled vehicle with E SL125S two-wheeled under the influence of alcohol concentration of about 0.120%, without a motorcycle driver’s license, from around 400 meters from the front side of Suwon-si B via D Association Youngdong Branch to the front side of the said C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on internal investigation, and on-site photographs;

1. Report on the circumstantial statement, investigation report, and records on blood alcohol concentration among the drinking drivers;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is deemed to have a record of drinking and driving a two-wheeled motor vehicle, and the criminal defendant without a license is deemed to have done a two-wheeled motor vehicle without a license

Although the Defendant had already been punished several times due to drinking driving and driving without a license, the possibility of criticism is significant in that he/she re-driving without a license or driving without a license.

However, the defendant recognized the crime of this case and divided his mistake, two times of the defendant's drinking driving force has passed since 12 years or more from the date of the crime of this case, and other defendants.