The punishment of the accused shall be determined by two years and six months of imprisonment.

Provided, That the above punishment shall be imposed for four years after the judgment becomes final and conclusive.

Punishment of the crime

On April 11, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the Jeonju District Court on September 18, 2007, and a fine of KRW 7 million by the Jeonju District Court on November 17, 2017, respectively.

Nevertheless, on March 18, 2020, the Defendant without obtaining a license for a motorcycle at around 20:20, the Defendant violated Article 44(1) of the Road Traffic Act by driving BNC125 Obs in the section of about 5km to the neighboring road of the 5km-gu Seoul Metropolitan City from the Do near the Yi-gu Seoul Metropolitan City in the state of alcohol concentration of 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. The report on actual condition, on-site photographs, notification of the results of the drinking driving control, photographs of enforcement status, and the report on hearing statements;

1. Previous convictions: Criminal history records, investigation report (the judgment of the same kind of force and attachment of summary order) [ although the defendant has a considerable difference between the time of drinking alcohol and the time of drinking alcohol measurement, considering the amount of drinking alcohol (one disease in the size of beer disease) and the time of drinking alcohol (round 18:00 to 19:30 per day), the defendant's blood alcohol concentration at the time of committing the instant crime may be recognized as 0.129% based on evidence. Even when considering that the blood alcohol concentration of the defendant was lower than 0.129% at the time of committing the instant crime, it is evident that the defendant's blood alcohol concentration at the time of committing the instant crime was higher than 0.03%, considering the above circumstances and the fact that the defendant's blood alcohol concentration at the time of driving alcohol and causing traffic accidents, it is recognized that the defendant has sufficiently committed the instant crime in violation of Article 148-2 (1) and (4) of the Road Traffic Act.]

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;