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 August 30, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on August 30, 2010; and on March 27, 2015, the same court issued a summary order of KRW 1.5 million for the same crime, etc. three times the same criminal records.

【Criminal Facts】

On March 25, 2019, around 11:10, the Defendant driven D S Q125 Oba while under the influence of alcohol 0.105% of alcohol level without obtaining a motorcycle driver’s license from around 400 meters from the front side of the public road in the public road in the public road in the public road in the public road in the public road in the public city in the public road in the public road in the public road in the public

As a result, the defendant driving a motorcycle without obtaining a motorcycle driver's license, and at the same time, violated the prohibition of drunk driving more than twice, and once again drives a motorcycle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the ledger of driver's licenses and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification of whether a suspect's drinking driving is applicable);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 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 a sentence of imprisonment with prison labor (the prosecutor requires the concurrent imposition of a fine of 300,000 won for a crime of violating the Road Traffic Act, but Article 40 of the Criminal Act provides that only the punishment provided for the most severe crime, unlike Articles 37 and 38 of the Criminal Act, shall be punished);

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

1. To select imprisonment with prison labor in consideration of the fact that the reasons for sentencing of Article 62-2 of the Criminal Act including community service and lecture attendance order had already been three times a second offense even though they had a previous offense

However, as a matter of driving both the previous crimes and the instant crimes, there is room to give the defendant an opportunity to repent last.