A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On January 31, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jeonju District Court’s Jung-Eup branch on January 31, 201, and on April 11, 2013, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

【Criminal Facts】

On December 8, 2019, at around 19:42, the Defendant driven DWINDY100 Oralb, while under the influence of alcohol content 0.110%, without obtaining a motorcycle driver’s license from the front road of the public parking lot in the Seoul-gun District, Jeollabuk-do, Seoul-do, to the front road of the Defendant’s dwelling in the same military C, and driving DWINDY10 Oralb.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and driving a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on the arrest of a case in violation of the Road Traffic Act (driving or non-license);

1. A report on internal investigation (related to the site conditions, etc. at the same time);

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A copy of the investigation report (report on the circumstances of a drinking driver) and the usage register of a drinking measuring instrument;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, fine records, and confirmation 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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. On April 30, 209, the Defendant was punished for a fine of one million won due to a violation of the Guarantee of Automobile Accident Compensation Act or a violation of the Road Traffic Act (unlicensed Driving) on the grounds of sentencing under Article 62(1) of the Criminal Act, in addition to the previous conviction in the judgment of the court below.

The defendant is driving with the brong in the state of detention.