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

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On September 7, 2020, the Defendant was sentenced to a fine of KRW 6 million for a violation of Road Traffic Act (driving) in the resident support of the Daegu District Court.

[2] On September 27, 2020, at around 15:05, the Defendant driven an EINIJT FI motor bicycle under the influence of alcohol leveling 0.09% of alcohol level without obtaining a motor device license from around 500 meters to the Defendant’s overhead road located in D’s mother-friendly C, which was located in B at around September 27, 2020.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol not less than twice and not less than twice, and operated without a license.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Notice of the results of regulating the driving of alcohol, inquiry of the results of crackdown on the driving of alcohol, and the statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation reports;

1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply) concerning the crime (the violation of the provision prohibiting driving at least twice a week) of the relevant Act concerning the crime, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times the criminal defendant was punished for driving under drinking, and in particular, on September 7, 2020, he was sentenced to a fine due to driving under drinking on September 7, 202 and committed the instant crime only 20 days. The defendant was willing not to repeat the crime.

It is difficult to see.

Of the defendant's blood alcohol concentration is 0.099%, which leads to the level of revocation of a license.

However, the same criminal records of the defendant are all punished by a fine.