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 June 11, 2019, at around 01:00, the Defendant driven a FVF100 motorcycle under the influence of alcohol concentration of about 0.272% without a motorcycle driver’s license from the front side of the gas station located in Suwon-si B to the front side of the E in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the drinking control result and the result of drinking measurement;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service lies in the defendant's records of being punished several times due to drinking driving and refusing to measure drinking, the fact that there are several penalties due to the crime of this kind, and the fact that the blood alcohol concentration of this case is very high, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant is recognized to commit the crime, that both the above drinking prior to the punishment is the criminal record, and that no particular accident occurs, the sentence of the defendant's punishment is harsh.

In full view of all the sentencing conditions shown in the records of the instant case including the above circumstances, it is so decided as per Disposition.