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.

On August 17, 2018, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on December 7, 2018, the Seoul East Eastern District Court issued a fine of KRW 5 million for a violation of the Road Traffic Act.

Criminal facts

On June 15, 2019, at around 05:40, the Defendant driven B 125cc camba while under the influence of alcohol with approximately 600 meters alcohol concentration 0.110% under the influence of alcohol, without obtaining a motorcycle driver’s license, from the vicinity of the new elementary school located in Jyang-dong, Seoul Special Metropolitan City to the road near the same 43 pamba-ro 22-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, and the notification of the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (the previous records and confirmations related to a suspect);

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the accused driven a motorcycle without a license under the influence of alcohol even though he/she had a record of criminal punishment twice due to drunk driving, and the responsibility for the crime is not easy.

However, the defendant recognized the crime of this case and reflected the mistake.