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

[criminal power] On February 11, 2015, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 11, 2015. On May 16, 2017, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 9, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a DNA brea while under the influence of alcohol without a license for a motorcycle in approximately 8 km section from the Defendant’s residence in G in G in G in the Gannam-gun, Gannam-gun, to the end of C, without a license for a motorcycle.

Summary of Evidence

1. The defendant's statutory statement, circumstantial statement, and the register of driver's licenses for notification as a result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, even though he/she had been punished three times due to drinking or non-licensed driving, has also been engaged in drinking or non-licensed driving, and he/she has returned to a kibro.

The circumstances that are favorable to the risk of accidents, such as falling off from the Oralb, etc.: The defendant's wrong recognition and reflects the defendant's wrong, there is no record of punishment exceeding the fine since 1998, the defendant suffering the paralysis, etc., and the health condition of the defendant is not good, and the defendant's disposal of Oralba, etc. is the defendant's age, character and behavior, environment, and crime.