A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On April 16, 2019, the Defendant received a summary order of KRW 4 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, and a summary order of KRW 3 million for the same crime in the same court on June 23, 2006, respectively.

On July 4, 2019, at around 17:54, the Defendant driven a motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.186%, without obtaining a motorcycle driver’s license, from around 200 meters away from the roads near the C School located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul to the roads front of the Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, on-site, and photograph of an accident vehicle;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part II of 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 same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) in principle, a serious punishment is required in light of the unfavorable circumstances, such as the following: (b) a four-wheeled driving criminal records including imprisonment for a prison term since 2000; (c) a three-wheeled driving criminal records; (d) a very high drinking level; and (d)

However, in consideration of the favorable circumstances, such as the reflection of the fact, the fact that there is no damage to another person due to an accident, the fact that there is no penalty power exceeding the fine for the last ten years, the support for family, and the fact that there is no good health and economic situation, etc., the punishment shall be determined like the order.