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

On February 3, 2016, the Defendant was issued a summary order of a fine of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act.

On September 22, 2019, the Defendant driven a 100-meter section in the vicinity of a beach located in Ulsandong-gu B without a motorcycle driver's license from September 22, 2019 to the vicinity of the same Gu, while under the influence of alcohol content of about 0.084% of the blood alcohol concentration, the Defendant driven E beer 125 Otoba.

As a result, the Defendant violated the Article 44 (1) or (2) of the Road Traffic Act more than twice, and simultaneously driven the above motorcycle without a motorcycle driver's license.

Summary of Evidence

1. Examination of the defendant's legal statement, the report on the circumstantial statement of the defendant, the results of crackdown on drinking driving;

1. The register of driver's licenses, reference to criminal records, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning 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 punishment against the accused shall be determined in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the background leading to driving without a license, blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;