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

[Criminal Power] On May 24, 2016, the Defendant was sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court.

【Criminal Facts】

On June 24, 2020, the Defendant, at around 18:00, driven a FObb, without a motorcycle driver’s license, while under the influence of alcohol content of about 0.109% from the section of approximately 3.5km from the front of the “C cafeteria” road located in B to the front of the E-mail located in D.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and at the same time, he/she was driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

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

1. A report on internal investigation (accident scene, etc.);

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

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the fact of violating the prohibition on driving a motorcycle at least twice the regulations on driving a motorcycle), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license);

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. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant’s blood alcohol concentration at the time of the instant case is 0.109% higher.

The Defendant, while drinking in 2006, is driving a motor vehicle under influence of alcohol.

There is a record of the suspended sentence of imprisonment with prison labor for an accident involving death.

Nevertheless, in 2016, drinking without a license is driving.

A fine was sentenced.

In that the defendant who was killed due to drinking driving is still unable to improve his character and behavior, the criminal liability of the defendant can not be considered to be light.

However, the above probation period of the defendant was from the year 2006.