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 becomes final and conclusive.

Punishment of the crime

On January 15, 2019, at the Seoul Central District Court on January 15, 2019, the summary order of a fine of three million won has become final and conclusive.

On October 2, 2019, without a motorcycle driver's license on October 2, 2019, the Defendant driven an E motorcycle at approximately 1 km from the front side of Seoul Gangnam-gu B apartment Cdong to the front road of the same Gu, while under the influence of alcohol of 0.198%.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal history records, and application of summary order Acts and subordinate statutes of the Seoul Central District Court No. 2018 High Court No. 20357;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of this case, such as blood alcohol concentration and time interval with the same crime, Defendant’s age, character and conduct, family relation, home environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered.

A favorable circumstances: The defendant reflects the crime of this case and thereby commits a crime of drinking again even though he had a previous record of the same kind of drinking driving.