A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 25, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon-gu Branch on March 25, 2008. On August 22, 2012, the Daegu District Court sentenced a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On October 25, 2012, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been in violation of the provision on the prohibition of drunk driving under the Road Traffic Act more than once, at around 21:50 on September 18, 2019, the Defendant driven a motor vehicle under the influence of alcohol with approximately 500 meters, without obtaining a motorcycle driver’s license, at a section of about 500 meters from the border of the Gyeonglung-gun B to the front road of the D cafeteria located in C, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.134%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (applicable to the same type of punishment);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined in consideration of various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the pleadings of this case, which are shown in the following circumstances: The fact that there has been several records of punishment for the same kind of crime, the fact that blood alcohol level is high: confession and reflects; the fact that there is no record of punishment exceeding