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

[Criminal Power] On July 4, 2014, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch, and on July 21, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of ten months.

【Criminal Facts】

At around 15:00 on January 1, 2019, the Defendant driven an EW125EX2 124cc Austria from the Do near the Busan East-gu B market to the front of the D cafeteria located in the same Gu, without obtaining a motorcycle driver's license at around 0.15:00.

As a result, the defendant again driven a motorcycle without obtaining a driver's license under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the state of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. A report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and subparagraphs 2 and 43 of Article 154 of the same 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 reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is not only punished as before the defendant was judged as a drinking-driving, but also has been punished several times due to driving without a license, and the crime of this case is very serious in that the defendant committed the crime of this case.

However, the defendant reflects his mistake in depth and supports a pregnant woman with a good health, and the suspension of execution is decided.