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

[criminal power] On June 9, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support, and on April 11, 2016, a summary order of KRW 3 million as a fine for the same crime in the same court.

【Criminal Facts】

On December 4, 2019, around 19:12, the Defendant driven a motorcycle No. 115 without obtaining a license for a motorcycle, while under the influence of alcohol concentration of 0.191% at the 2km section from the road in front of the Chinese restaurant “C” to the road in Dacheon-si. D.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Reporting on the occurrence of a traffic accident;

1. An accident site photograph;

1. 112 Reporting case management table;

1. Investigation report (report on the circumstances of an immigration driver);

1. Details of driver's license revocation;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Photographs explanation;

1. Requests for appraisal of blood alcohol concentration;

1. Investigation report (investigation of a suspect's drinking alcohol);

1. CCTV video-recording white CDs;

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation status, and application of each summary order Act 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Conditions disadvantageous to him: