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

1. On January 22, 2020, at around 16:05, the Defendant operated a two-wheeled vehicle without obtaining a license for a motorcycle at a section of about 280 meters from the front of the residence located in Gangnam-si B to the front of the “Fro Party” located in E via D, and without obtaining a license for a motorcycle, from a section of about 280 meters to the front of the “Fro Party” located in Gangnam-si B.

2. On January 22, 2020, the Defendant driving a two-wheeled vehicle under the influence of approximately 80 meters of blood alcohol concentration of about 0.151% from the section from the front of D in Gangnam-si C to the front of the “Frole Party” in E, at around 17:10 on January 2, 202, the Defendant used the two-wheeled vehicle under the influence of alcohol concentration of about 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report and photographs of the accident site;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Investigation report (specific facts to be suspected and examination of the relation to crimes);

1. The investigation report (the confirmation and investigation of the launch type, etc.) and the photograph of the instant “spackers”

1. Application of Acts and subordinate statutes to investigative reports (the content of the prosecutor's command), panco100 cryp explanatory materials;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant drinking and the crime of unlicensed driving even though he/she had been punished once for driving without a license; traffic accidents occurred at the time of the instant case; and circumstances favorable to the defendant’s blood alcohol concentration was high: The defendant is under the influence of alcohol.