A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 August 9, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 6 million by the same court on November 15, 2016, respectively.

【Criminal Facts】

On October 15, 2018, the Defendant, without purchasing mandatory insurance around 10:20 on October 15, 2018, driven B Obba in the section of approximately 2km from the front of the Gwangju Park located in the Seoul Southern-gu Sabadong to the front of the Southern Police Station for the same Gu, while under the influence of blood alcohol concentration of 0.061% without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Registers of driver's licenses;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Sentence of an order to attend a course shall be imposed by selecting imprisonment at once taking into account the defendant's drinking, non-exclusive license, driving power, etc. for sentencing under Article 62-2

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc.