A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 17, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. in the Hongsung Branch of Daejeon District Court on September 17, 2007, and on April 29, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District

On March 26, 2019, at around 20:30, the Defendant driven a two-motor bicycle without a motorcycle driver's license while under the influence of alcohol with a blood alcohol concentration of 0.171%, and proceeded with a section of approximately 500 meters from the first day of the Masan-dong in the Asan City to the front day of the Asan City C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal records, probationary records, Daejeon District Court Order No. 2007 High Court Order No. 2007 High Court Decision No. 3861, and the application of Acts and subordinate statutes governing the law of the judgment No. 201 High Court Decision No. 2455;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) despite the fact that the defendant had been punished several times of a fine due to drinking, driving without a license, he/she again causes a traffic accident by drinking, driving without license; (b) the blood alcohol concentration in the instant case is considerably high; and (c) the defendant is against whom he/she is serving, etc., the punishment shall be determined