beta
Text
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 became final and conclusive.
Reasons
Punishment of the crime
On July 15, 2014, the Defendant received a summary order of KRW 1 million as a penalty for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Sung Branch branch on July 15, 2014, and issued a summary order of KRW 1.5 million as a fine in the same court on July 29, 2014.
On September 17, 2020, at around 12:00, the Defendant driven D C-Top in the state of alcohol alcohol concentration of about 0.148% without obtaining a motorcycle driver's license from the front side of the G-gun in the direction of about 500 meters from around C to the front road.
As a result, although the defendant was punished for driving under the influence of alcohol, he again driven a motorcycle without obtaining a motorcycle driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a drinking driver, investigation report, copy of notification on the results of the control of drinking driving, report on 112 reported cases, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry records, and summary order three-yearly Acts and subordinate statutes;
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. 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. It shall particularly take into account the reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, economic and health conditions, the distance of driving without a license for drinking, the degree of driving without license, and the same kind of power (4 times of fine); and