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 this judgment becomes final and conclusive.

Punishment of the crime

On March 28, 2019, at around 22:08, the Defendant driven a motorcycle with approximately 300 meters alcohol concentration of approximately 0.135% from the 300-meter section of the D High School located in Ulsan-gu, Ulsan-gu, B market to the front road of the D High School located in Ulsan-gu, Ulsan-gu, Seoul-do, without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as the same as the order, in consideration of various sentencing factors, such as the defendant's confession of the crime in this case, blood alcohol concentration and driving distance, his age, environment and circumstances after the crime.