A defendant shall be punished by imprisonment for one year.

except that 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 July 4, 201, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On May 1, 2020, at around 16:06, the Defendant driven E-topba while under the influence of alcohol content of about 0.086% from the road front of the C cafeteria located in B without a motorcycle driver's license to the D front road.

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. Statement of the police concerning F of the 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 results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same attached records);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, even before the instant case, committed a second offense despite the record of punishment for drunk driving and unlicensed driving.

However, considering favorable circumstances such as the fact that the previous criminal records of the defendant were both punished by a fine, the fact that the defendant was old in 1945, the fact that the defendant suffered dementia in the Teinson branch, and the fact that the defendant scrapped the amba, etc., the circumstances that are favorable to the defendant's previous criminal records, such as character and behavior environment of the defendant, motive means of committing the crime, and the circumstances after committing the crime, all the conditions of the arguments and the sentencing