A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On May 19, 2017, the Defendant received a summary order of KRW 3 million from the Seosan Branch of the Daejeon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 10, 2020, at around 17:55, the Defendant driven a motorcycle TDR-890 motorcycle while under the influence of alcohol alcohol concentration of about 0.123% without obtaining a motorcycle driver's license from the location of the old Jin Bus Terminal located at 108, 108, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road of the convenience store located at Chungcheongnam-si, Chungcheongnam-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report, reporting on the previous records and results of verification (verification of the original motor device and bicycle specifications);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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 punishment as ordered shall be determined by taking into account the following factors: the defendant’s records of sentencing under Article 62-2 of the Criminal Act; the background of the crime of this case; the form of the act and the degree of the principal taking into account; the defendant’s age, character and conduct, environment, family relationship, circumstances after the crime was committed.