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 February 1, 2019, the Defendant was sentenced to a fine of KRW 3 million by the Daegu District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 20:20 on March 1, 2020, the Defendant driven a large-scale spare agricultural spare with no number plate in the state of alcohol 0.07% under the influence of alcohol, without obtaining a driver's license to drive a motorcycle at a section of about 500 meters from the cafeteria in the city B market in Busan Metropolitan City to the four streets front of the D convenience store in the same city C.

As a result, the Defendant violated the Article 44 (1) or (2) of the Road Traffic Act more than twice, and simultaneously driven a motorcycle without obtaining a driver's license to drive the motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and 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. 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. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle (including a motorcycle) itself carries the risk of a traffic accident.