A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 11, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (Seoul Southern District Court) and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 26, 2017.

【Criminal Facts】

On January 5, 2019, at around 14:06, the Defendant driven a lutob without the alcohol level of about 0.178%, without a motorcycle driver’s license, at the 3km section of the 3km section from the Do in front of the “C” restaurant located in Ansan-si B. The Defendant driven a lutob without the alcohol level of about 0.178%, without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, inquiry into the results of the control of drinking driving, and register of driver's licenses;

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

1. Previous convictions indicated in the judgment: Application of criminal history records, reference reports (A), and investigation reports (verification of persons eligible for the formation of three-year relationship for a sound driving);

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 reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime in addition, even though the Defendant had been punished twice due to drinking alcohol driving and driving without a license in the past.

However, the defendant recognizes his mistake and is against his will.

There is no criminal offense against the defendant over probation.

The driving of motor bicycles, other than motor vehicles, is not motor vehicles.

In addition, the defendant's age, character and behavior, the environment, the background of the crime, and the blood alcohol concentration.