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 became final and conclusive.

Punishment of the crime

On September 30, 2013, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on November 29, 2018, the same court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On August 23, 2020, at around 12:50 on August 23, 2020, the Defendant, despite the fact that he violated the provision prohibiting driving under the influence of alcohol, was driving a dead-wheeled motor vehicle with approximately 124cc AT125D while under the influence of approximately 0.146% of alcohol level without obtaining a driver's license in the section of about 16 km from the front of the Defendant's house located in Seongbuk-gun B to the front of the Defendant's house.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and simultaneously driven a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Report on the occurrence of traffic accidents in relation to the police statement F of the defendant's legal statement, report on the actual situation investigation report and on-site photographs;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking and driving, the register of driver's licenses, and internal investigation report (on-site conditions, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 152 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 chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

favorable circumstances: The defendant's mistake.