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 13, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea.

On September 28, 2019, the Defendant driven a motor bicycle under the influence of alcohol at approximately 0.179% in the section of about 150 meters from the Guri-si B market, to the front road of D in the same city C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of driving under the influence of alcohol, an appraisal report, and an inquiry report about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports, and criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind, taking into account the time interval with the same kind of crime, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime