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.

Punishment of the crime

[2018 Godan1816] On September 29, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on September 29, 2010, and was sentenced to a fine of five million won for the same crime in the same court on January 22, 2016.

On July 29, 2018, at around 01:45, the Defendant, without a driver’s license, driven a two-wheeled vehicle with approximately 200 meters E 249C two-wheeled vehicle from the front side of the Busan Northernbuk-gu to the D convenience store located in the Busan Northern-gu C, while under the influence of alcohol by 0.152% of the blood alcohol concentration.

Accordingly, the Defendant, without a driver’s license, has been driving a two-wheeled vehicle under the influence of alcohol by a person who violates Article 44(1) of the Road Traffic Act more than twice.

[2018 Highest 2298] On October 18, 2018, the Defendant, without a driver’s license, driven a two-meter two-wheeled vehicle from the front day of the “G Sales Site” located in Busan Jung-gu to the front day of the “I Bank” located in H in Busan Jung-gu, Busan, without a driver’s license.

[2018 Highest 2683] Around 14:20 on October 12, 2018, the Defendant driven a two-wheeled vehicle in Emijuju 249c 249c.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

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

1. Inquiry into the enemy;

1. Investigation report (verification of piston displacement);

1. Each photograph;

1. Previous records: References to criminal records, investigation reports (verification of current records and attachment of judgment) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Suspension of execution;