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

[criminal power] On September 7, 2010, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on September 7, 2010; on November 11, 2010, a summary order of KRW 6 million for a violation of the Road Traffic Act (refluence) at the same court; on May 7, 2014, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (refluence) at the same court.

【Criminal Facts】

On July 17, 2019, at around 21:45, the Defendant driven a motor bicycle with approximately 700 meters alcohol level 0.056% of alcohol level from the front road of C in the macro-si B to the front road of C through macro-si, and without obtaining a motorcycle driver's license.

As a result, the defendant has violated Article 44 (1) or (2) of the Road Traffic Act not less than twice, and at the same time he has driven a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

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

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 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 the course of sentencing under Article 62-2 of the Criminal Act: The defendant's records of the same crime, driving background, driving distance, driving distance, the degree of exploitation, the time of and reflects the crime; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the punishment as ordered shall be determined in consideration of various sentencing conditions under Article 51 of the Criminal Act, including circumstances after the crime.