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

On September 11, 2015, the Defendant received a summary order of KRW 3 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

1. Around 19:47 September 23, 2019, the Defendant driven a non-registered non-registered motor bicycle in the state of alcohol alcohol concentration of about 0.162% from the Do in front of the C cafeteria located in Daegu North-gu, Daegu-gu, to the front parking lot of the D apartment at approximately 50 meters.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a non-registered non-registered motor bicycle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the maximum term of punishment prescribed for each crime on the market, the aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act with heavier punishment) of the aggravated 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. Although there was a history of punishment for driving under the reason of sentencing under Article 62-2 of the Criminal Act, the crime is committed in full view of the following: (a) the current Road Traffic Act, which greatly strengthened the regulatory standard and statutory punishment, has been enforced after the enforcement of the Road Traffic Act; and (b) the degree of blood alcohol concentration exceeds the license standard.