A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The Defendant is a person who drives a motor bicycle B 124cc.

On May 8, 2019, the Defendant driven, without obtaining a motorcycle driver's license on May 22, 2019, around 00, approximately 3 km of the above motorcycle under the influence of alcohol with a blood alcohol concentration of 0.096%, at the same horizontal intersection located in the luminous Zone of Busan, from the horizontal intersection located in the luminous Zone of Busan, to the 410 South,00 South, the Defendant driven the above motorcycle without obtaining a license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, the ledger of driver's licenses, and the control of drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning 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 62 (1) of the Criminal Act;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence is determined as ordered by taking full account of the following factors: (a) unfavorable circumstances, including the Defendant’s prior convictions of the suspension of the execution of imprisonment, and the fact that the degree of taking the sentence is not less than that of the Defendant; and (b) favorable conditions, such as the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (c) other factors of sentencing as shown in the instant trial process, including the circumstances after the crime, etc.