A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 18, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (driving alcohol) at the Seoul Central District Court, and on January 19, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime at the Seoul Western District Court.

[2] Although Defendant 1 had been punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 operated a bicycle without registration engine device from approximately 50 meters to about 125cc from the front of the Defendant’s house located in Eunpyeong-gu Seoul, under the influence of alcohol content of 0.217% at around 15:40 on June 7, 2017 to the front of the road in Eunpyeong-gu, Seoul, while under the influence of alcohol content of 0.217% on the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same case) by Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the Defendant acknowledges and reflects his/her mistake; (b) there is no record of criminal punishment exceeding the fine; and (c) other factors of sentencing as indicated in the records and arguments of the instant case.