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 May 26, 2016, the Defendant was sentenced to a fine of KRW 7 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

On May 27, 2020, the Defendant, at around 22:22, driven the FSV125 Obama, under the influence of alcohol concentration of 0.073% without obtaining a motorcycle driver’s license, from the front day of the “C” heading in Seoul Jung-gu via the “E” located in Seoul Jung-gu, Seoul, to the front day of the said heading.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and driving a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Examination of the defendant's legal statement, state of driving without a license, report on the state of drinking operation and control;

1. On top of the register of driver's licenses;

1. Application of the Acts and subordinate statutes of four copies of the summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, or Article 43 of the Road Traffic Act concerning a crime (a punishment prescribed for a crime of violating the Road Traffic Act which has heavier penalty) and Articles 40 and 50 of the same Act concerning the ordinary 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. In addition to the previous convictions on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant has been sentenced to a fine due to drunk driving and a number of previous convictions for a period of 2011.

The criminal records and the criminal records of the defendant's drunk driving are driving a motorcycle, and the criminal records and the criminal records of the judgment do not drive a motorcycle while the blood alcohol level is high, the criminal records and the criminal records are driving a long distance including motorway.