A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On July 3, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on July 3, 2008. On September 30, 2008, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (dacting) in the same court. On April 9, 2010, the Defendant was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act (dacting).

[2] On June 30, 2018, the Defendant, without obtaining a bicycle bicycle license for a motor device at around 01:15, operated G S Q125 mba from the front way of “D Lending”, the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon, through “F Mart” in the same Gu to “Dmba” in the same Gu, under the influence of alcohol content of 0.124%.

Therefore, even though the defendant had been punished more than twice as a crime of violating the Road Traffic Act (drinking), he once again driven a motor device without obtaining a bicycle license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drinking and non-licensed driving, report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the results of regulating drinking;

1. License register;

1. Application of the statutes governing photographs at the time of crackdown;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing, etc. shall be taken into account) of the mitigated amount;

1. Although Article 62(1) of the Criminal Code of the Suspension of Execution shows a number of criminal records of the same kind, the last crime is a second offense after the lapse of a considerable period from around 2010, the Defendant’s reflects the nature of the crime, and other factors such as drinking volume, motive and background of the crime, character and conduct of the Defendant, environment, etc.