A defendant shall be punished by imprisonment for a term of one year and three months.

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

Punishment of the crime

[Criminal Power] On April 15, 2011, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on September 1, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

1. On November 21, 2019, the Defendant: (a) driven the FITI 100 motorcycle under the influence of alcohol at a section of approximately 200 meters, namely, a 0.141% alcohol concentration, from the road front of a restaurant located in Kimcheon-si, Kimcheon-si, to the road front of a police box located in D in the same city; and (b) the Defendant driven the FITI 10 motorcycle under the influence of alcohol content.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant has driven a motorcycle of 100 without driving a motorcycle at the date, time, and place of the above paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 145 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that probation, community service, and lecture attendance order are repeated crimes of the same kind for the reasons of sentencing in Article 62-2 of the Criminal Act, the fact that the blood alcohol level in the instant case belongs to the high level: Provided, That the driving of Otoba, and the fact that the Otoba is making the disposition of Otoba and again refusing to drinking, drive without license, and other conditions of all the sentencing as shown in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.