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 9, 2015, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court in Goyang Branch on November 9, 2015.

On October 18:05, 2019, the Defendant driven DVF100c 102c obaba, without a driver’s license, while under the influence of alcohol 0.156% in the section of about 8 km from the front of a restaurant in the trade name in B to the intersection of the same city.

As a result, the defendant has driven a motorcycle without obtaining a motorcycle driver's license more than twice in violation of the duty of prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, accident site photograph, circumstantial statement report on the driver, and a ledger of the driver's license on the surface of the vehicle, and written estimate;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports, and criminal records, etc.;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 2, and 43 of Article 154 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of criminal punishment for the violation of the Road Traffic Act and the violation of the Road Traffic Act, the blood alcohol concentration is 0.156% high, and the risk of drinking driving has been realized by shocking the damaged vehicle at the intersection, and the drinking driving needs to be punished corresponding thereto as well as the other person's life, body and property.