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 August 11, 2020, at around 19:21, the Defendant driven a motor bicycle of about 1.5 km from the front of Chungcheongnam-si to the front road of the Seodaemun-gu, Chungcheongnam-si, without obtaining a motorcycle driver’s license, while under the influence of alcohol level of about 0.231%, the Defendant driven a motor bicycle of about 49c centimeters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as report on the circumstantial statements, investigation report, appraisal report, inquiry into the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. Probation and order to attend the course of sentencing under Article 62-2 of the Criminal Act shall be imposed on the accused for the reason of sentencing, taking into account the fact that the accused has a previous offense of violation of the Road Traffic Act three times, including a previous offense of drinking and a two-time licenseless driving, etc., but the execution of a sentence shall be suspended within the scope of discretionary mitigation in consideration of the fact that the accused is under a health condition that makes it difficult for him to cope with his/