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.

Criminal facts

On March 19, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on March 19, 2019.

At around 01:20 on April 15, 2020, the Defendant driven B Oba (hereinafter, 125CC) under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the Do in front of the first bus stop at the end of about 100 meters from the Do in front of the first bus stop at the end of the Hoba-dong, Macheon-si, Macheon-si, to the third parallel of the Hoba-do.

Summary of Evidence

1. Statement of the defendant's legal statement, the circumstantial statement, and the results of the drinking driving control;

1. The driver's license ledger and the next registered inquiry;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 driving a motorcycle without a driver's license under the influence of alcohol, even though he/she had a record of criminal punishment due to drinking and driving without a license, and the risk of such an order is very large.

However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake, and the fact that the defendant disposed of the Obaba that he held while not driving under the influence of alcohol, etc., the defendant's age, character, character, environment, family relationship, criminal records, circumstances and results of the crime of this case, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the records, such as the circumstances after the crime.