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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 this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal power] On May 16, 2012, at the same Suwon District Court, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on October 7, 2015, respectively.
【Criminal Facts】
On October 9, 2018, the Defendant driven the FTS125EFI 124C motor bicycle without a driver's license with approximately 300 meters of alcohol level 0.13% under the influence of alcohol level 0.13%, from the Do in front of C in Young-gu, Suwon-si B to the front road in the same Gu D.
As a result, the Defendant violated Article 44 (1) of the Road Traffic Act not less than twice without a motorcycle driver's license and drives a motorcycle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Land where blood alcohol concentration is recorded, the ledger of driver's licenses for motor vehicles, and the red tides;
1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate statutes;
1. Relevant Article 154 subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), the personal and material damage has not occurred as a result of the instant crime, the Defendant has no record of criminal punishment exceeding the fine due to
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;