Defendant shall be punished by imprisonment for a term of one year and four 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 Power] On August 24, 2007, the Defendant received a summary order of a fine of KRW 1.5 million from the Seoul Central District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 18:20 on July 2, 2020, the Defendant driven a Dmotor bicycle under the influence of alcohol of about 5.4km from the section of approximately 5.4km from Dongdaemun-gu Seoul to the front road of Yongsan-gu Seoul Yongsan-gu Seoul, with a blood alcohol concentration of 0.098%.

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

around 21:40 on October 18, 2020, the Defendant driven the D Large Pream Code 125 Obacoon without a license for a motorcycle while under the influence of 0.039% of the blood alcohol concentration from the vicinity of the D Central District of Jung-gu, Seoul to the front of Yongsan-gu, Seoul.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.

Summary of Evidence

"200 Highest 2667"

1. Defendant's legal statement;

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

1. Criminal records, etc. inquiry reports and investigation reports (Attachment to the same type of power);

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

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

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of the market and the crimes of violation of the Road Traffic Act as stated in the Judgment of the Ministry of Strategy and Finance and the provisions of the Road Traffic Act as stated in the Judgment of the Ministry of Strategy and Finance;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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