A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 9, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on July 9, 2014.

On September 20, 2020, the Defendant, at around 15:25, operated the B SL125S motor bicycle riding device under the influence of alcohol at approximately 1km from around the 1stm section of alcohol to the ncheon-dong Sncheon-dong Sncheon Intersection, the Defendant was under the influence of alcohol at around 0.05%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident report;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the occurrence of a traffic accident while driving under drinking shall be considered in light of extenuating circumstances or circumstances, the fact that there is no previous criminal record exceeding the previous fine, the fact that he/she scraps off ozones, the degree of alcohol concentration in blood, the age and economic situation, etc.

1. An order to attend a course under Article 62-2 of the Criminal Act;