A defendant shall be punished by imprisonment for one year.

except that 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 August 23, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On January 12, 2020, at around 09:19:19, the Defendant, without a motorcycle driver's license, driven the E Eti 110 Oralb in the section of about 1k alcohol concentration from the section of about 0.110%, while under the influence of alcohol concentration at about 0.110% from the section of the Driju to the front road of the Driju station located in C.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and at the same time, he/she was driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and inquiry request for appraisal;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the fact of violating the prohibition on driving a motorcycle at least twice the regulations on driving a motorcycle), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license);

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been punished twice due to drunk driving, he/she also driven under the influence of alcohol without a driver's license.

The defendant's blood alcohol concentration is also 0.110%.

However, considering the fact that the defendant was punished by a fine in both the same kind of punishment force of the defendant, and the last year was 2010, the defendant was significantly involved in the accident due to the drinking driving of the case, and up to now, the state of health seems not to be good, such as the defendant's age and behavior environment, motive and consequence of the crime, the circumstances after the crime, etc.