Text
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.
Reasons
Punishment of the crime
【Criminal Power】 On April 12, 2012, the Defendant received a summary order of a fine of KRW 3 million from the Ulsan District Court due to a violation of the Road Traffic Act.
【Criminal Facts】 On October 6, 2019, at around 21:00, the Defendant driven D 171C 200 Oral Baba while under the influence of alcohol with approximately 100 meters alcohol concentration 0.150%, without obtaining a motorcycle driver’s license from the front road of Ulsan-gun, Ulsan-gun, Ulsan-si to the front road of Ulsan-si, Ulsan-si.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;
1. The driver's license ledger;
1. Previous convictions: Articles 148-2 (1), 44 (1) (a) and 154 (2) and 43 (a) of the Road Traffic Act, which apply to criminal records and investigation reports (Attachment to Criminal Records); Articles 154 (2) and 43 of the Road Traffic Act (a point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen (the addition of many previous offenders of the same kind);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;