A defendant shall be punished by imprisonment 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 July 20, 2005, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, on November 6, 2015, a summary order of KRW 2.5 million for the same crime, etc. from the Busan District Court’s Dong Branch Branch, and on June 15, 2017, a summary order of KRW 2.5 million for the same crime from the Busan District Court’s Dong Branch.

【Criminal Facts】 On June 8, 2019, the Defendant driven a motor bicycle with a blood alcohol concentration of 0.092% at around 0.092%, without obtaining a driver’s license on June 8, 2019, from approximately 50 meters away from the 50-meter section near Busan-gun B market to the front road in C, EL125S 124c.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. To refer to the license ledger;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Article 154 subparagraph 2 of the relevant Article of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records that the defendant was punished for drinking driving three times as stated in the judgment of the court, and the two of them was punished within the last four years, and the responsibility for the crime of drinking and driving without a license in the light of the fact that drinking and driving without a license in this case was done again within the last four years.

However, the fact that the defendant is against the defendant, the blood alcohol concentration is relatively low, the distance of drinking driving is short, and the drinking driving of this case is the driving of this case.