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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 22, 2016, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) by the Daegu District Court on July 22, 2016, and on December 21, 2017, the Defendant was sentenced to imprisonment with labor for one year and two years of probation for the same crime in the same court.

[Criminal facts]

1. On October 5, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) and the Road Traffic Act (Dless Driving) and the Act on Guarantee of Compensation for Automobile Damages, the Defendant, as seen above, driven a bicycle of an unregistered new car ice engine that was not covered by mandatory insurance without obtaining a bicycle driver’s license from the road inside the Young-si, Young-si, B market around 19:10 on October 5, 202 to 382 at the same time without obtaining a bicycle driver’s license from the section of about 20km at about 0.058 meters in alcohol while under the influence of alcohol.

2. On September 2020, the Defendant found the number plate of two-wheeled vehicle, which was lost on the road near Yongcheon-si around the D shop, and attached it on a new car ice bicycle owned by the Defendant at the time, and operated the said bicycle with the number plate of two-wheeled vehicle as described in paragraph (1).

As a result, the Defendant used the number plate of two-wheeled automobile, air straw, and exercised the air straw, which violated the Automobile Management Act and used unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A driver's license ledger and a mandatory insurance certificate;

1. Investigation report (related to the number plate attached to the vehicle at the time of the accident), investigation report (the attachment of a vehicle photograph and the verification of the chassis number);

1. Four copies of the photograph;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (related previous convictions and reports), and other relevant Acts and subordinate statutes;

1. The former Road Traffic Act (Act No. 17371, Jun. 9, 2020) concerning criminal facts