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 of the final judgment.

Punishment of the crime

[2019 Highest 1682] On April 8, 2019, at around 22:02, the Defendant driven a 125CC clib in the section of about 1k from the front of the restaurant where it is impossible to know the trade name in the Busan High-gu Busan High-dong to the front of the C convenience store located in the Dong-gu, Busan, to the front of the restaurant, and the front of the C convenience store located in the Dong-gu, Busan.

[2019 Highest 1867] Around 01:20 on November 22, 2018, the Defendant driven G Obane without obtaining a motorcycle driver's license in a state of alcohol alcohol level of about 0.156% from the section of about 10 meters from the D market adjacent to the Busan High-gu Busan High-gu D market to the front road of the Busan High-dong Branch of the F Bank located in Busan High-gu E.

Summary of Evidence

[2019 Highest 1682]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Photographs (2019 Highest 1867);

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without permission), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (the point of driving without permission);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 between the crimes of violation of each Road Traffic Act and the crimes of violation of each Road Traffic Act (unlicensed Operation), and each punishment shall be imposed for a violation of the same 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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant reflects the crime of this case and does not commit a second offense);

1. Social service order under Article 62-2 of the Criminal Act;