A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2013, the Defendant was notified of a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) in the Daejeon District Court's branch court on April 22, 2013, and KRW 4 million as a fine in the Changwon District Court's branch court on March 20, 2019.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on November 1, 2019, the Defendant driven a eMAX 125-wheeled vehicle without obtaining a motorcycle driver’s license with a blood alcohol content of about 0.094% in the 1km section from the front of the 27:05 o-si B apartment to the shooting distance near the D Hospital located in C at Ssisi.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous for judgment: Application of an inquiry report on criminal records, etc. and investigation report (a copy of a summary order of criminal records of sound driving) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. In addition, the major sentencing factors are as follows: (a) the degree of blood alcohol concentration of the reasons for sentencing under Article 62-2 of the Criminal Act; (b) the background leading up to the unlicensed driving; and (c) the Defendant was notified of a summary order of KRW 4 million on March 20, 2019, which became final and conclusive on April 3, 2019; and (d) the Defendant again committed the instant crime only for seven months, taking into account the fact that he/she did not know himself/herself even though the order became final and conclusive on April 3, 2019; (b) the instant motor vehicle is not the motor vehicle but the motor vehicle in question; (c) the Defendant is a motor bicycle, not the motor vehicle in question,