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

1. On June 28, 2018, the Defendant was sentenced to a fine of KRW 5 million by the Busan District Court for a violation of the Road Traffic Act.

On July 22, 2020, at around 22:50, the Defendant driven a 125c beam under the influence of alcohol concentration of about 0.090% from the section of the section of the National Assembly of Korea, which was located in Busan Shipping Daegu B, to the road in front of the Fvalescent Hospital located in the same Gu E, and driven a 125c beam under the influence of alcohol concentration of about 500cc.

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

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle, which was not mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Two copies of a photograph of a two-wheeled motor vehicle, which is reported on the results of the crackdown on drinking driving, and on the circumstantial statement of a drinking driver; and

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), the Guarantee of Automobile Accident Compensation Act (the point of operating motor bicycles which are not mandatory insurance), and the choice of imprisonment, respectively;

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;

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors such as the various sentencing conditions as well as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant crimes, the means and consequence thereof, and all of the sentencing factors as shown in the records and the trial process, such as

The favorable sentencing condition: The fact that each of the crimes of this case appears to be recognized and reflected, and there is no record of criminal punishment exceeding the fine.