A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 20, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On March 7, 2020, at around 14:25, the Defendant driven a motorcycle 100 motorcycle without a license for a motorcycle in the state of alcohol alcohol concentration of about 400 meters from the front side of the Defendant’s house in Ansan-si B to the front side of C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and inquiry reports, investigation reports (verification of sound driving records),- Application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "non-licensed driving" in this Article), subparagraph 2 of Article 154, and Article 43 concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a lecture is that it was punished by a fine due to drinking alcohol in the year 2017, and the order to attend a lecture in the instant case was also carried out for driving under the influence of alcohol and driving without a license.

In order to cause a traffic accident during a drunk driving.

(A) There was no human damage, but only the victim was the only victim). The drinking water level of drinking driving is high.

Considering this point, even though the level of danger is relatively low compared to the motor vehicle, the motor vehicle is under the influence of alcohol, but the responsibility for the crime is not somewhat weak.

However, the defendant reflects his mistake and repents.

In addition, the defendant's age, character and conduct, environment, motive and circumstance of drinking driving, circumstances after the crime, family relationship, etc. are various.