A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On November 17, 2017, the Defendant was sentenced to one year of suspension of the execution of imprisonment for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on August 17, 201, and on October 14, 2011, the same court issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the same court on August 3, 2010, and issued a summary order of KRW 70,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on March 8, 2010, respectively.

【Criminal Facts】

On January 12, 2019, at around 21:18, the Defendant driven a two-wheeled vehicle in F SV125B, without a motorcycle driver's license, while under the influence of alcohol at approximately 0.062% of alcohol level, from around 200 meters to the front of E in SVD, from around 21:18, the Defendant driven a two-wheeled vehicle without a motorcycle driver's license.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol, has re-driving the two-wheeled vehicle without a license for a motorcycle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

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

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: The defendant's same criminal records, driving background, driving distance, driving distance, the degree of the principal offender, the time of committing a crime and reflects on his/her intent, and Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for committing a crime,