A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On January 13, 2017, the Defendant was issued a summary order of a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving) in the support of the previous alcoholic beverages.

【Criminal Facts】

On June 9, 2020, the Defendant driven FOba while under the influence of alcohol 0.07% of the blood alcohol concentration without a motorcycle driver’s license in the section of approximately 500 meters from the C Station B located in Jeong-Eup-si to the E Center in D located in the same city.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and simultaneously driven a motorcycle without a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. A control statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of the statutes on the register of driver's licenses;

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 ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. On January 23, 2017, the execution of a sentence shall be suspended on the condition of probation, community service, or lecture order, taking into consideration the following: (a) the probation and community service order; (b) the amount of alcohol content for sentencing under Article 62-2 of the Criminal Act; (c) the degree of alcohol content; (d) driving distance; (e) the process of detection; and (e) the circumstances leading up to a fine of KRW 1.5 million due to drinking and driving without a license (the defendant stated in this court that the above Oralab was returned to the actual owner); (d) the same kind of criminal records [the amount of fine of KRW 500,00 on July 18, 202; (e) the amount of fine of KRW 1.5 million on July 17, 2009; and (e) a fine of KRW 1.5 million on December 23, 2017].

Defendant. Other defendant.