A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On August 7, 2007, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving), a summary order of KRW 1,50,000 due to a violation of the Road Traffic Act (driving) at the Incheon District Court on June 9, 2008, and a summary order of KRW 4,00,000 due to a violation of the Road Traffic Act (driving under Drinking) at the Incheon District Court on March 31, 2017.

[2] On November 12, 2020, the Defendant operated a motor bicycle without a motor device driver's license under the influence of alcohol concentration of about 0.060% from the blood alcohol concentration of about 2 km to the roads of Hanwon, Hanwon, located in Incheon, at approximately 14:24 on November 12, 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 simultaneously drive without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on the report on the occurrence of a traffic accident, the actual investigation report, and the previous conviction on the driver's license ledger (A): Application of a reply to inquiry, such as criminal history;

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) concerning criminal facts and Articles 154 subparag. 2 and 43 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020)

1. Articles 40 and 50 of the Criminal Act (Punishment prescribed for a crime of violation of traffic laws heavier than punishment) of the Commercial Concurrent Punishment Act; Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of selective imprisonment for a sentence selected by imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed each of the crimes of the same kind repeatedly because he/she committed each of the crimes of this case repeatedly even though he/she had been punished for driving under drinking or driving without a license during several times in the past.

However, the defendant is divided into each of the crimes in this case and does not repeat again.