A defendant shall be punished by imprisonment for one year.

except that 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 April 29, 2016, the Defendant, at the Daegu District Court, issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving). However, at around 22:45 on May 30, 2020, the Defendant driven B9CC under the influence of alcohol level 0.091% without a motorcycle driver’s license, while under the influence of alcohol level 0.091% in the vicinity of a road located in the Nowon-gu, Daegu Nowon-gu, Seoul Special Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, statement on the circumstances of the driver, and previous records of the judgment made based on the control of drinking driving: Application of Acts and subordinate statutes to the crimes committed by foreigners, investigation records, inquiry into criminal records

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

The state of unfavorable circumstances: Although the record of punishment for drunk driving was twice, the drinking driving has been repeated.

The favorable circumstances: The crime is recognized.

No person shall be punished by imprisonment without prison labor or heavier punishment.