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

In the Daegu District Court Kimcheon-do, the Defendant has been notified of the summary order of KRW 1.5 million on February 2, 2001, due to the violation of the Road Traffic Act (driving on February 2, 2001), the summary order of KRW 1.0 million on August 30, 2007, the summary order of KRW 1 million on August 30, 200, and the summary order of KRW 4 million on December 17, 201.

On October 31, 2019, the Defendant, at around 22:40, driven a motor bicycle in E 124cmera, without obtaining a license for a motorcycle while under the influence of alcohol concentration of approximately 0.064% from the Do in front of the cafeteria “C” restaurant located in the Gandong-gun, D, to the front road.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and simultaneously driven a motorcycle without obtaining a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

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 the crime;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

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

1. Although there are many records of punishment due to the reasons for sentencing under Article 62-2 of the Probation Criminal Act or the driving without a license, since the current Road Traffic Act, which greatly strengthened the regulatory standard and statutory punishment, has been enforced, the punishment for the crime is not easy since the punishment is not easy since the punishment is too strengthened after the enforcement of the current Road Traffic Act, it requires a strict warning: Provided, That the blood alcohol concentration level falls short of the criteria for revocation of license, and the motorcycle is a motorcycle.