Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 23, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine at the Jung-gu District Court on September 7, 2012, respectively.

On December 18, 2019, at least 21:26, the Defendant violated the duty of prohibition of drinking driving by driving a motor bicycle with the blood alcohol concentration of about 0.114% in the section of approximately 3km from the front of the Namyang-si, Namyang-si to the front of the Namyang-si, the Defendant violated the duty of prohibition of drinking driving twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of standing under the influence of alcohol drivers, investigation report, and report on the results of the control of drinking under

1. On-site photographs, internal investigation reports (the applied drinking water with the suspect mark), suspect's body weight and photograph;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (Attachment to the same summary order);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Since the Defendant was sentenced to punishment for a crime of violating the Road Traffic Act around 2009 and around 2012, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.114%, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the following: