A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On August 11, 2017, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Jeonju District Court’s Military Mountain Branch, and a summary order of three million won for the same crime from the same support on July 27, 2012, respectively.

On May 6, 2019, at around 15:35, the Defendant driven a DVL125C motor bicycle owned by the Defendant without a motorcycle driver's license in approximately 2 km section from the front of the trade influence in the front of the front of the Sinsan City to the C front of the same city in the same city.

Accordingly, the defendant, who has violated the prohibition of driving under the influence of alcohol not less than twice, driven a motorcycle without a motorcycle driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (suspects' previous records and confirmation reports);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the person under obligation to provide community service and attend lectures has been sentenced to two times a fine due to drinking, driving without license, etc. one time after 2000. In particular, even though the driver's license was revoked due to drinking driving in 2018, the person under obligation to drive the instant drinking in the state of license was reached, the blood alcohol concentration level was very high, and the person under obligation to provide community service and attend lectures was not subject to a fine heavier than a fine since 200.