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 September 22, 2011, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court on December 21, 201, a fine of KRW 3 million as a crime of the same offense from the vice branch of the Busan District Court on December 21, 2017, and a fine of KRW 5 million in the same court on September 13, 2018, respectively.

【Criminal Facts】

On January 5, 2020, at around 13:45, the Defendant driven DCA 110B Ob, without obtaining a motorcycle driver's license, while under the influence of alcohol 0.105% in the section of approximately 2km from the 13:45, fast-si B to the front of the same Czera road.

The Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Criminal records: Criminal records, reply reports on criminal records, amounts of dispositions, results of confirmation, and application of statutes of the judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be imposed in consideration of various circumstances, including the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, background, method and consequence of the crime, and the circumstances before and after the crime, as well as the conditions of sentencing as shown in the records and arguments.