A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On October 10, 2019, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on October 10, 2019.

Nevertheless, on December 7, 2020, the Defendant operated DWW150 J engine bicycle under the influence of alcohol concentration of about 0.223% from the 400-meter section from the front of the B apartment in Yasan-si, Seoul, to the front road, around 00:05.

Therefore, even though the Defendant was punished for drinking driving, the Defendant was under the influence of alcohol, thereby driving a motor bicycle as above.

2. Violation of the Road Traffic Act (unlicensed Driving) provided that the Defendant operated the motor bicycle at approximately 2 km section from the front of the E apartment unit to the front of the Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong-dong, without obtaining a driver's license for a bicycle at the time of the day set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, on-site investigation reports, on-site photographs, circumstantial statements made by the driver in charge, register of driver's licenses for motor vehicles, and response to requests for appraisal on blood collection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. In view of the risk of accidents caused by the driving of drinking in the current road traffic situation where many unspecified people habitually use the sentencing of Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage therefrom, the driving of drinking alcohol shall be strict.