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 November 21, 2008, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on November 21, 2008, and on December 4, 2019, the same court was sentenced to a fine of KRW 7,00,000 for the same crime.

Criminal facts

On October 4, 2020, the Defendant, without obtaining a driver's license at around 16:28, driven DW125 motorcycle from the Do following the water distribution station located in 129, Incheon Michuhol-gu, Incheon, to the Crd Road located in Michuhol-gu, Michuhol-gu, Incheon, with a blood alcohol concentration of 0.128%.

Accordingly, the defendant did not obtain a driver's license, and violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the register of driver's licenses notified as a result of the drinking control;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as a matter of choice (the details and details of the crime in this case, the blood alcohol concentration, the criminal records of the defendant, etc.);

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

1. Article 62 (1) of the Criminal Act (Taking into account reflective nature, the shape of the defendant's family, etc.);

1. Probation and order to attend a lecture, under Article 62-2 of the Criminal Act;