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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 17, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and on July 14, 2017, a summary order of KRW 3 million with a fine of KRW 1 million was issued, respectively.
On November 4, 2018, the Defendant driven the ECA 1105(108c) Oralba under the influence of alcohol concentration of about 0.061% without obtaining a motorcycle driver’s license from the front side of convenience store C in Ansan-si B to D, and without obtaining a motorcycle driver’s license from around 300 meters.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motorcycle without obtaining a driver's license under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Notification of the results of regulating drinking driving, a survey report on the actual condition, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (report on summary orders attached to the same type of power);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The execution of a sentence under Article 62-2(1) of the Probation Criminal Act shall be suspended in consideration of the fact that the defendant, for the reason of sentencing under Article 62-2(1) of the Criminal Act, has been punished by imprisonment in the sense that he/she again commits the instant crime, even though he/she has been punished by a fine repeated due to drinking or non-licensed driving, and