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

On January 9, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 350,000 as a fine in the same court on June 8, 2012, respectively.

At around 18:40 on May 28, 2019, the Defendant driven a motor bicycle under the influence of alcohol leveling 0.176% from the front of the “C”, located in Gyeonggi-gu D Apartment-gun B to the front of the Gyeonggi-gu D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2009 and around 2012, the Defendant was sentenced to punishment, the distance from the previous penal records, the blood alcohol content in the instant case reached 0.176%, and the risk of drunk driving is realized by causing traffic accidents, the Defendant is a motor device bicycle driving case, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered in light of various sentencing conditions indicated in the records and arguments in the instant case and arguments.