The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 28, 2017, the Defendant was sentenced to a fine of KRW 6 million due to the violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 28, 2017, and was 4 times of the same record.

【Criminal Facts】

On May 11, 2020, the Defendant driven the DCA 110V motorcycle while under the influence of alcohol leveling 0.210%, without obtaining a motorcycle driver’s license from the front road of the Cridge in the Northern-gu, Northern-si B to the front road of the Port Office of Education in the Republic of Korea located in 420 Kuri-ro 420, the Defendant driven the DCA 110V motorcycle.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Report on the actual condition of the defendant's oral statement in court and the internal investigation report;

1. Certificates of blood alcohol alcohol, circumstantial statements of drivers, and the register of driver's licenses;

1. Each photograph;

1. Previous convictions: Application of criminal records and summary order 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 (the choice of imprisonment with prison labor, the blood alcohol density, and the records of being punished four times due to a fine for drunk driving prior to the instant case);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. Order to attend lectures under Article 62-2 of the Criminal Act;