A defendant shall be punished by imprisonment for six months.

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

[criminal history] On April 30, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court on April 30, 2007; on January 3, 2011, the same court issued a summary order of KRW 2.5 million for the same crime; on December 20, 201, the Defendant was sentenced to a summary order of KRW 2.5 million for a special injury at the Seoul Central District Court on December 28, 2017, and the judgment became final and conclusive on December 28, 2017.

[Criminal facts] The Defendant is a person who is engaged in driving a DNA two-wheeled vehicle.

1. On October 26, 2017, the Defendant operated the motor bicycle under the influence of alcohol with approximately 200 meters alcohol concentration from around 11:00 on the roads near the Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the roads front of Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. On October 26, 2017, the Defendant: (a) driven the motor bicycle under the influence of alcohol content of 0.271% in blood around 11:00 on October 26, 2017; (b) driven the motor bicycle before Gwanak-gu in Seoul Special Metropolitan City along the direction of the 20-30km speed from the south side to the south side.

At the same time, the passage of the vehicle and the person driving the vehicle are carried out along the side streets. In such a case, the driver of the vehicle has a duty of care to avoid the accident in advance by driving the vehicle safely by accurately manipulating the steering direction and operating the steering system of the vehicle.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, proceeded without emphasizing the right and the right and the right, the Defendant’s movement direction and the left side of the road by contrasting to the Defendant’s movement direction and the left side of the road.