A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 20, 2007, the Defendant was issued a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court. On November 13, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to the same crime in the same court.

【Criminal Facts】

On August 18, 2018, at around 13:35, the Defendant, at the time of residence, driven a FOba while under the influence of alcohol 0.241% of alcohol level without obtaining a motorcycle driver's license from the front of the C cafeteria in B to the E-type parking lot located in D, in approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of drinking control;

1. The register of driver's licenses (Evidence Nos. 13);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to a summary order, etc. attached to the same type of power), summary order, application of statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing following the suspended sentence) include six months of imprisonment, two years of suspended sentence, and two years of suspended sentence, and the Defendant again commits a non-licensed driving again despite the previous circumstances, the numerical value of which is considerably higher than 0.241% of blood alcohol concentration, and the occurrence of an accident that shocks the parked vehicle.

However, the fact that the defendant reflects the crime and that the previous department was all nine years shall be considered in favor of the defendant.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the age, family relationship, and mental situation of the defendant, shall be determined as per the disposition.