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 February 24, 2016, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Yeongdeungpo-gu District Court's territorial support on February 24, 2016. On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years for a year.

On June 5, 2019, at around 12:20, the Defendant driven a 125cc c obane without a license from the Do in front of the “C” restaurant located in Yong-gu Seoul Metropolitan Government B to the front road of the “Ecafeteria” restaurant located in D, and without obtaining a license for a motorcycle 200 meters, while under the influence of alcohol 0.125%, the Defendant driven a 125c obane without a license.

As a result, the Defendant, who has violated the prohibition of drunk driving regulations not less than twice, drives a motorcycle while under influence of alcohol in violation of the above regulations, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on occurrence, internal investigation report, and each investigation report;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Each photograph;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

1. Article 148-2 (1) 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 following circumstances and the defendant's age and environment for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.