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

[Criminal Power] On May 1, 2008, the Defendant received a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court due to the violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 6, 2020, the Defendant, without obtaining a driver’s license on September 10, 2020, driven the GST 124.6c diabane in the 1km section from the day front of the Seogsan B apartment to the day front of the Seogsan city, Seogsan city, through the D Park located in Seogsi C, in the state of drunk alcohol concentration of 0.084%.

Accordingly, the defendant violated the prohibition of drinking driving twice, and driving a motorcycle without obtaining a license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order issued on the same criminal records as the suspect);

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 the Commercial Concurrent Crimes;

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 degree of the reason for sentencing under Article 62-2 of the Criminal Act, the same kind of power, the environment of the accused, etc.; and