A defendant shall be punished by imprisonment for one year.

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

On September 1, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), the Defendant was sentenced to a summary order of KRW 7 million for the same crime in the same court on June 15, 201, and the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (drinking driving) in the same court on May 26, 201.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on March 7, 2018, the Defendant driven a motor bicycle in the area of about 2 km in front of a restaurant for Naduri Kim-bak at the same time from the Do in front of the bus terminal at the port of port in the south-gu at the port of port without obtaining a bicycle driver's license for a motor device at around 22:19 on March 7, 2018, while under the influence of 0.075% alcohol during blood, the Defendant driven a motor bicycle in the area of about 2km in front of a restaurant for the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (verification of the fact that a suspect is under probation period);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although considering the fact that the defendant committed the crime of this case again during the period of imprisonment with prison labor due to drinking driving, etc. while being sentenced to punishment several times due to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant should be punished strictly. However, the case of driving a motor device bicycle with a relatively low risk, the number of alcohol concentration in blood is not high, the fact that the degree of alcohol concentration in blood is recognized and seriously reflects it, and other favorable circumstances in this case.