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

On February 10, 2010, the Defendant was sentenced to a suspended sentence of three years for a year by imprisonment for a violation of the Road Traffic Act, etc. at the Seosan Branch of the Daejeon District Court on February 10, 2010. On August 28, 2015, the same court received a summary order of 4.5 million won by a fine for a violation of the Road Traffic Act.

On August 21, 2019, at around 01:50, the Defendant driven a two-wheeled vehicle under the influence of alcohol with a blood alcohol concentration of 0.220% without obtaining a motorcycle driver's license from the front of C in the Siljin-si, 01 to the front of E in the Guljin-si, D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under