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 became final and conclusive.

Punishment of the crime

On May 13, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the sex support by the Daegu District Court.

Although the Defendant had been punished for drunk driving as above, on October 11, 2019, the Defendant driven a D motorcycle while under the influence of alcohol at approximately 0.142% of the blood alcohol concentration without a motorcycle driver’s license, from around 1k to around 16:30 on October 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, survey report, field photograph, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and the register of driver's licenses made on the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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. It should be particularly taken into account that the reason for sentencing under Article 62(1) of the Criminal Act, such as the reflection of the defendant's reflectivity, the degree of exploitation, the distance of unauthorized driving, the same kind of power (two times of fine), and the economic situation is not good; and