A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 9, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. at the Daejeon District Court's Incheon District Court's Branch on September 29, 2016, and a summary order of KRW 4 million with a fine of KRW 5 million due to a violation of the Road Traffic Act.

Although the Defendant had any record of violating the prohibition of driving under the influence of alcohol twice or more, on March 29, 2019, at around 11:16, the Defendant driven a D motorcycle while under the influence of alcohol without obtaining a motorcycle driver’s license from approximately 16 km section from the 16km section to the front road located in the same Gu, the Defendant driven a D motorcycle under the influence of alcohol level of 0.124% without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) has no record of punishment exceeding a fine since 2009, and considering the fact that there is no record of

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;