The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 26, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act (driving). On May 12, 2016, a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the Seoul Western District Court to a fine of KRW 1 million on September 1, 2016, respectively.

At around 00:40 on October 26, 2019, the Defendant, without obtaining a motorcycle driver’s license, driven the ENX motorcycle at approximately 300 meters, while he was under the influence of alcohol of about 0.16% in front of the Dschool located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. The circumstantial statement of a drinking driver and the report on detection of a drinking driver;

1. Blucking images;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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