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 September 8, 2015, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On November 13, 2019, the Defendant driven a f A-FOUR 49cc Austria at a distance of about 900 meters from the road near the “C” located in the Gero-Gun of Y to the E-road located in the Nero-Gun of Y, while under the influence of alcohol at 0.306% of alcohol level without obtaining a motorcycle driver’s license on November 13, 2019.

As a result, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice and simultaneously drives a motorcycle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written appraisal of blood alcohol;

1. Notification of the result of the drinking driving control (Evidence No. 21 of evidence list);

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with 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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) and (2) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is that the Defendant again drives a drinking alcohol even though he/she was punished as a drinking alcohol driving, the drinking alcohol level of the instant case is very high, and the Defendant has weak intent to comply with the instant crime by failing to obtain a long-term motorcycle driver's license, and thus, the Defendant is sentenced to imprisonment.

However, the crime of this case did not cause harm to others other than the defendant, and the blood collection of this case was high.