Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On October 30, 2017, the Defendant, while under the influence of alcohol 0.180% in blood, was sentenced to a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving under the influence of alcohol) by driving a motor device under the influence of alcohol 0.180% in his/her blood, on November 16, 2017.

On October 07, 2020, at around 02:29, the Defendant driven a motor bicycle under the influence of alcohol of 0.159%, without obtaining a motor device bicycle license from the front of the restaurant C cafeteria located in the Chungcheongbuk-gun B to the front of the same military D, and without obtaining a motor device license from around 5km section from the Do to the front of the same military D.

As a result, the Defendant operated a motor bicycle without obtaining a motor device bicycle license in violation of Article 43 of the Road Traffic Act, and at the same time violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. The driver's license ledger;

1. Records of crime: Application of an inquiry letter, summary order, and other relevant Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 202; hereinafter the same shall apply) on criminal facts and Articles 154 Subparag. 2 and 43 of the former Road Traffic Act (non-licensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is one of the important factors that increase the frequency of accidents and threaten the lives, bodies, etc. of the drinking drivers as well as other people by increasing the frequency of accidents, and thus, the social damage caused by the drinking driving is increased, so it is necessary to hold the drinking drivers liable for strict responsibility.