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

On July 11, 2018, the Defendant, as the owner of a non-registered 49c motor bicycle, driven a non-registered 49c motor bicycle without a license, in a state of drinking alcohol concentration of about 0.121% from the 1km section from the front side of the 1km-gu Handong-si in Jeju to the front side of the entrance of the building B, without a license, on July 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on the statement of the state of drinking drivers, the results of the crackdown on drinking driving, the ledger of driver's licenses, and the request for cooperation in investigation (the notification of the fact of operation on the Obane at 49:

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Article 154 subparagraph 2, 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 the crime;

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

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service provided that the Defendant had not obtained a driver’s license but drinking or driving without obtaining a license. The Defendant has already been punished by a fine in around 2017 due to the crime of the same content; the Defendant recognized the Defendant’s mistake and reflect it; the Defendant’s age, character and behavior, environment, means and consequence of the crime; and the circumstances after the crime are revealed in the instant records and arguments.