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

[criminal power] On October 4, 2007, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On July 8, 2008, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, on July 12, 2019, at around 06:40, the Defendant driven a motor bicycle under the influence of alcohol with approximately 1.5 meters alcohol concentration of about 0.042% from the section of the D Company, located in C, to the front road of the D Company, located in C at around 06:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (a copy of a summary order of the same criminal records) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: One year of imprisonment, two years of suspension of execution, the defendant's same force, and the purpose of the revision of the Road Traffic Act, in principle, the defendant shall be punished strictly.

On the other hand, however, the defendant has been convicted of a fine of the same kind two times or more for about 10 years, and this case is a so-called night driving without a high blood alcohol concentration.

Other circumstances revealed in the trial process of this case, such as the distance of driving, the reasons why the driver was driven, the fact that the driver is the driver, the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as the sentence as ordered.