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 August 28, 2017, the defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Changwon District Court's smuggling support on August 28, 2017.

Nevertheless, at around 22:00 on October 12, 2019, the Defendant driven E 49c occ under the influence of alcohol concentration of 0.114% without obtaining a motorcycle driver's license from the front side of C, located in Syang City B, to D front roads.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the situation of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (attached to summary orders of the same kind of suspect records);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The current Road Traffic Act amended the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has strengthened punishment for the crime of drunk driving, and the defendant has recently been punished for the same kind of crime in the atmosphere with a high social awareness of the crime of drunk driving, but the crime of this case was committed in the state ofless license without among the defendant, and the fact that the defendant's blood alcohol concentration level at the time of the crime is not weak is disadvantageous to the defendant.

However, there is no criminal history except the criminal records in the judgment, and there is no result of causing damage to others due to traffic accidents during the crime.