A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 21, 2020, the Defendant was sentenced to a fine of KRW 5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On April 12, 2020, at around 22:50, the Defendant driven a motor bicycle under the influence of alcohol with 0.115% of alcohol concentration, without obtaining a motorcycle driver's license, from the front side of the Geum-gu Busan, to the front side of the D apartment at approximately 150 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven the above motorcycle without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime, and Articles 148-2 (1), 44 (1) and 44 of the Road Traffic Act that choose a penalty, and subparagraphs 2 and 43 of Article 154 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are divided into the crimes of sentencing and reflects his mistake in depth, and the fact that the defendant was committed before enlistment in active duty service in December of this year and not re-offendered, and the defendant's age, character and conduct, environment, motive and background of the crimes, circumstances leading to the crimes of this case, and blood alcohol concentration at the time of the crimes, etc. are considered as indicated in the disposition.