A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

On February 6, 2009, the Defendant issued a summary order of two million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on February 6, 2009, and on September 18, 2018, the Defendant had a record of being issued a summary order of five million won for the same crime by the same court.

On October 25, 2019, at around 01:09, the Defendant driven, without a motorcycle driver’s license, a DNA SCR105 WH motor bicycle from around 500 meters away from the front of the Southern-si to the front of C at the same time, under the influence of alcohol of 0.112%.

Accordingly, the Defendant violated the prohibition clause that the Defendant should not drive a motorcycle without obtaining a license, while driving a motor vehicle while under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Report on the situation of operation without a license, and the license ledger;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (report on the confirmation of the same kind of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had a conviction of multiple times, the same criminal record of the defendant was recently committed, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in light of the sentencing conditions indicated in the arguments of this case.