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 history] On March 5, 2013, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of road traffic law in Daegu District Court racing support, and a summary order of KRW 5 million on March 15, 2018, which was issued by the same court as a crime of violation of road traffic law.

[2] Although Defendant 1 had the record of violating the provision prohibiting driving of drinking alcohol as above, Defendant 1 driven FGTS125 Obaba on October 10, 2020, when he was under the influence of alcohol at approximately 0.07% of alcohol alcohol level in approximately 400 meters away from the roads of the C store located in Sin-si, Sin-si to E station located in D at the same time, to the roads of the above C store, without obtaining a motor device bicycle license in the section of about 400 meters.

As a result, the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, and operated a motor device without obtaining a bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is to take the driving, report the situation of the driver who is to take the driving, and report the results of regulating the driving of alcohol;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was sentenced to imprisonment for four months due to the crime of non-licenseless driving in 2019 and one year of suspended execution, and the instant crime was committed during the suspended execution period, four times due to drinking driving, three times due to non-licenseless driving, and the Defendant’s repeated crime and character and behavior.