A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On April 19, 2019, the defendant was sentenced to a fine of 8 million won in violation of the Road Traffic Act at the Suwon District Court on April 19, 2019, and was sentenced to a fine of 4 times the same drinking driving force.

On March 30, 2020, at around 16:40, the Defendant driven a motorcycle under the influence of alcohol with approximately approximately 600 meters alcohol concentration of 0.090% without obtaining a motorcycle driver’s license, from the nearest road of the hotel B in the same city to the D neighboring road in the same city C.

Accordingly, the defendant driving a motorcycle without obtaining a motorcycle driver's license, and at the same time, violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary order;

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 crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of driving alcohol, and the defendant, whose driver's license was revoked on February 26, 2019, is a motor bicycle without a license or driving alcohol, and the nature of the crime is not minor.

Although the Defendant had already been punished several times due to drinking driving and driving without a license, the Defendant re-driving the instant without a license and driving without a license, and the Defendant again committed the instant crime due to the lapse of one year after being punished for driving without a license on April 2019.