Defendant shall be punished by imprisonment for a term of 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

[2] On April 14, 2009, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Seoul Western District Court on the same day. On January 27, 2012, the Defendant was notified of a summary order of a fine of three million won for the same crime in the same court on the same day on June 8, 2012, and was notified of a summary order of a fine of five million won for the same crime. On the same day on November 6, 2014, the Defendant was sentenced to imprisonment of six months for the same crime and two years for suspension of execution for the same crime in the same court on the same day on the same day on December 13, 2018, and was sentenced to a suspended sentence of two years for imprisonment of eight months for the same crime in the same court on the same day on the same day on the same day.

[2] On February 2, 2020, at around 10:15, the Defendant driven DBAV 124CC under the influence of alcohol while under the influence of alcohol 0.165% without obtaining a bicycle driver's license from the Seoul Mapo-gu apartment parking lot to the front road of Seodaemun-gu Seoul, Seoul, for approximately 100 meters.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving the bicycle without a motor device bicycle driver's license under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement E, the main driver's report, the statement in the circumstances of the main driver's license, and the investigation report (the report on the driver's license in the main driver's license) (the defendant was arrested as a flagrant offender at the time of measuring the defendant's drinking;

Therefore, even if the defendant did not go through the procedures such as the reason for arrest and the notification of the right to appoint counsel, it cannot be viewed that the evidence related to drinking measurement corresponds to illegally collected evidence, and thus, its admissibility is recognized)

1. 112 Report processing table, and driver's license ledger for motor vehicles;

1. Application of an inquiry letter, such as criminal history, investigation report (the fact during the period of the suspension of the execution of a suspect and attachment of the same force);

1. Article 148-2(1) and Article 44(1) of the Traffic Act concerning facts constituting an offense (the point of drinking) of the relevant Act;