A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 5, 2019, the Defendant, without obtaining a motorcycle driver’s license around 16:38 on June 16, 2019, driven an ERAON-F motor bicycle under the influence of alcohol content 0.197% from the parking lot of innju City to the front of the D bank located in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 2, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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

1. Article 62-2 of the Criminal Code of the Order to Attend a lecture shall be considered in consideration of unfavorable circumstances, such as the fact that there is a history of punishment several times due to drinking alcohol driving and unlicensed driving, and that there is no penalty exceeding the fine, it shall be considered in favor of the circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.