1. The defendant shall be punished by imprisonment for a period of one year and three months;

2.Provided, That the execution of the above sentence for a period of two years and six months from the date this judgment becomes final and conclusive;

Punishment of the crime

[Power of crime] On April 28, 2020, the Defendant was notified of a summary order of a fine of KRW 6 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court.

[2] On May 30, 2020, the Defendant 1 driven EW125 (WW125C : 125c) Meba while under the influence of alcohol without a motor device, in a section of about 50 meters from the Do in front of Kimpo-si, Kimpo-si to D, about 50 meters in front of the road in D, at around May 30, 2020.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, he operated the motor device bicycle without obtaining a motor device bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. To measure drinking, to make an oral or written report on the circumstances of the driver's license, to notify the results of regulating the driving of drinking, and to register the driver's license;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, 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 Criminal Act on the order to provide community service and attend lectures is that the defendant was punished as a crime of violating the Road Traffic Act (breathing) on or around April 2020, and the same crime has been committed within a short time, and the defendant was committed the same offense without a license, and the responsibility is not weak by driving a motor bicycle under a license.

However, the defendant shows the attitude of both recognizing and reflecting all of the crimes of drinking and non-licensed driving, and the sentencing conditions such as the circumstance after the crime, the circumstance after the crime, the alcohol concentration during blood, and the time interval before the previous crime of drinking, shall be determined by comprehensively taking into account the sentence like the order.

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