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 July 15, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court.

【Criminal Facts】

On September 14, 2020, around 15:06, the Defendant driven an ERAN-F motor bicycle without obtaining a motorcycle driver's license, while under the influence of alcohol from around 200 meters to around D in the direction of approximately 0.231% of blood alcohol level, from around 15:06 to around D in the front of 200 meters.

As a result, the defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice, and simultaneously drives a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. On-site photographs of the defendant's legal statement, the notice of the result of regulating drinking driving, the report on the circumstances of drinking drivers, the ledger of driver's licenses for inquiry into the results of crackdown on drinking driving, the report on the occurrence of traffic accidents, and the report on the actual condition survey;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the summary order of the same kind of power attached) and other Acts and subordinate statutes;

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. 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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

The defendant had been punished as a fine in 2016 for a violation of the Road Traffic Act in addition, the defendant committed the crime of this case.

The blood alcohol concentration is.