A defendant shall be punished by imprisonment for one year.

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 November 13, 2017, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On August 27, 2020, the Defendant, without obtaining a motorcycle driver's license for a motorcycle on August 19:54, 2020, driven the CITICE 110 Obaba in a section of about 3km from the front of the Yeongsan and Seomjin Sports Park, which is located in the Yeongsan City, Seomjin City, to the front of the “C” located in B in the same city.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and at the same time, driven a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime for drinking without a driver’s license even though he/she was punished as a drunk driving, and the period of the instant crime does not have a significant interval between the previous conviction of drinking alcohol and the date of the instant crime. The instant drinking alcohol taking is very high, and the Defendant maintained a long-term without a license, thereby sentenced to imprisonment with prison labor.

However, there is no history of punishment heavier than imprisonment for a traffic-related crime, and the defendant repents his mistake.