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 history] On October 22, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving in Drinking) at the Goyang Branch of the Jung-gu District Court on March 2, 2012.

[Criminal facts] On October 14, 2020, the Defendant driven a motor bicycle under the influence of alcohol of 0.102% in alcohol while under the influence of alcohol, without obtaining a bicycle driver's license, at a distance that cannot be known on the front of the C convenience store located in the Dong-gu, U.S., U.S.-gu, U.S.-si (U.S.).

As a result, the Defendant violated the prohibition of drinking alcohol more than twice, and simultaneously operated a motor bicycle without obtaining a motor device bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as confirmation of the same criminal history and criminal experience;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction Criminal Act, Article 62(1)3 of the Criminal Act, Article 62-2 of the Act on the Suspension of Execution of Punishment of Article 55(1)3, where the defendant had a record of driving alcohol again, he/she had a record of driving alcohol, and thus, he/she had a license to drive alcohol again. Although the nature of the crime is not good, the defendant's statement that he/she recognized the facts charged is against the defendant, and the fact that he/she has no record of punishment is considered as favorable to the defendant, and the defendant's age, sexual behavior, health status, family relationship, means and result of the crime, etc. is determined by taking account