A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On November 30, 2009, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 30, 2009. On July 27, 2012, the same court received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On September 12, 2013, the same court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 22, 2019, the Defendant, as a person with the power of violating the duty of prohibition on driving under the influence of alcohol, driven a DNA MIDS PAL US license (the amount of a flag: 10cccc.) while under the influence of alcohol, without obtaining a motorcycle driver's license from the front side of the Gyeongnam Development-gun, to the front side of C, about 2km, and without obtaining a motorcycle driver's license, at approximately 0.104% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant recommits the instant crime even though he/she had a record of punishment three times due to drinking or unlicensed driving;

The elements of sentencing in favor of the defendant are recognized and reflected in the crime of this case, and the defendant raises children who have a parent and disability of the aged.

(k) Other: the defendant's age, character and conduct, environment, and motive for committing the crime;