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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 17, 2017, the Defendant was sentenced to a suspended sentence of two years for one year and six months in imprisonment with prison labor for a violation of road traffic law (dacting driving) at the original state branch of the Chuncheon District Court.

[2] Although Defendant 1 had the record of being punished for driving under drinking, Defendant 2 driven a bicycle with an EST10 engine device without obtaining a driver’s license from around 5km to around 0.234% of alcohol alcohol level from the front of the “C” restaurant located in the “C” restaurant located in the “C” restaurant in the original city of nuclear power around August 25, 2020 to the D road in the same city of nuclear power.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification on the results of regulating the driving of drinking, photographs on the scene of drinking, register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (verification of drinking records), and Acts and subordinate statutes;

1. Selection of imprisonment with prison labor for any crime under Articles 148-2(1), 44(1) (a) and 154 Subparag. 2, and 43 (a) of the relevant Act on the Traffic of Roads) of the Commercial Act, the ordinary concurrence of crimes under Articles 40 and 50 (a punishment prescribed for a crime violating the Traffic Act with heavier punishment) of the same Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity, the observation of protection under Article 62 (1) of the Act on the Suspension of Execution of Sentence 3, and Article 62-2 of the Criminal Act: The necessity for strict punishment for drinking driving in light of the social danger of drinking and the revision of the Road Traffic Act that increases the statutory penalty; the Defendant has the record of criminal punishment once for the same kind of crime; the Defendant committed the instant crime only without obtaining a license even though his license has been revoked; the Defendant has committed the instant crime: The Defendant’s fault is recognized; the instant case is a crime using a bicycle; the occurrence of a traffic accident; and the Defendant’s age and the degree of driving, including the degree of driving.