A defendant shall be punished by imprisonment for a term of one year and two months.

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 January 12, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on January 12, 201, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on October 7, 2016, and on December 22, 2017, the same court received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 23, 2019, at around 21:51, the Defendant driven the ECA 100 V Orala under the influence of alcohol concentration of approximately 0.116% without obtaining a motorcycle driver’s license from around the B market near the Siljin-si, to the roads front of the D station located in the same city.

As a result, the Defendant violated the prohibition of drinking alcohol driving twice, and operated the above motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the status of the driver;

1. 112 reported case handling table;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of records), judgment, and application of Acts and subordinate statutes of Part V of summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been punished several times due to drinking, driving without a license, driving without drinking, or driving under drinking, etc., without a driver's license under the influence of alcohol.