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 becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 21, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch.

【Criminal Facts】

On August 2, 2019, around 20:50, the Defendant driven FRAN100 Orala while under the influence of alcohol content 0.24% while under the influence of alcohol, without obtaining a motorcycle driver’s license from the front of the cafeteria “C” restaurant in Chungcheongnam-si B to the front of the “Eser” road in D.

Accordingly, the Defendant was driving while under the influence of alcohol not less than twice, while driving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a previous conviction of a fine for the same kind as indicated in the judgment, and circumstances that are favorable to the fact that blood alcohol content is high: The sentence shall be determined as ordered in consideration of the Defendant’s age, character and behavior, environment, criminal records, circumstances of crimes, and circumstances after crimes, etc., which are shown in the pleadings of this case; and