A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 26, 2019, at around 19:12, the Defendant driven FOba without obtaining a motorcycle driver's license from the roads near C Station subway located in the Busan East-gu, Busan, to the front road located in D, for approximately 427 meters of alcohol level from approximately 0.288% of alcohol level from the 427m section, to the Eth day in the Busan FObaba.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of appraisal certificates and driver's licenses;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;