A defendant shall be punished by imprisonment for six 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 September 10, 2007, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on November 25, 2013, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

1. Around 02:03 on May 5, 2019, the Defendant driven a 124CC CDIO125 motorcycle under the influence of alcohol concentration of approximately 100 meters at a section of about 100 meters, without a motorcycle driver’s license, from the front of the mutual influence store located in Ulsan-gu, Ulsan-gu to the front road of the dwelling of the Defendant located in Ulsan-gu, Ulsan-gu.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above motorcycle under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a motorcycle as stated in the foregoing paragraph, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act / [each choice of imprisonment]

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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 under Article 62-2 of the Criminal Act lies in the crime of this case, even though there was a record of punishment for driving under the influence of alcohol. On the other hand, the depth after the crime is committed.