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 April 20, 2009, the Defendant was notified of a summary order of KRW 3 million on the ground of the violation of the Road Traffic Act at the Eunpyeong site of the Suwon District Court.

【Criminal Facts】

On December 20, 2019, the Defendant, while under the influence of alcohol level 0.094% under the influence of alcohol level, driven D CBR 900 R2 from the front of Pyeongtaek-si B to the front of C in the same city, even though he had been punished for a violation of the Road Traffic Act (driving) on December 20, 2019.

around 21:40 on March 14, 2020, the Defendant driven a H-wheeled automobile without obtaining a motorcycle driver’s license from the street in Pyeongtaek-si E to the front of G located in the same city.

Summary of Evidence

[2019 Highest 2169]

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc., investigation reports (verification of the same criminal records as the suspect);

1. Defendant's legal statement;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, the criminal records of the defendant's repeated crime, the criminal records of the same kind of crime, and the criminal records of driving without obtaining a license without being aware of the fact that the defendant committed the crime. The defendant's age, character and behavior, and environment, and other factors for sentencing under Article 51 of the Criminal Act as stated in the records of this case,