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

[criminal power] On November 27, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 27, 2012, and a fine of one million and five hundred thousand won for the same crime in the same court on February 21, 2019.

【Criminal Facts】

At around 21:10 on July 13, 2019, the Defendant driven the ECA 110E motorcycle while under the influence of alcohol leveling 0.134% from the front of the C Hospital located in Dongdaemun-gu Seoul Metropolitan Government to the front of the D and the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report on attachment of the same type of electric power judgment) statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 was subject to criminal punishment on two occasions due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, the punishment is determined as ordered by taking into account the following factors: (a) the defendant has recognized all of his criminal acts and reflects on the criminal acts of this case; (b) traffic accidents have not occurred due to the criminal acts of this case; (c) the distance of the defendant's driving is relatively short; (d) the driving of a motorcycle; (c) there is no record of criminal punishment exceeding a fine; and (d) there is no other history of criminal punishment against the defendant; and (e) the age, character and conduct, intelligence and environment; (e) family relations