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 February 23, 201, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court (hereinafter referred to as Changwon District Court) and a fine of KRW 3 million due to the same crime in the same court on May 3, 2019. On October 15, 2019, the same court was sentenced to imprisonment for four months and a suspended sentence of one year on October 23, 2019.

【Criminal Facts】

On April 15, 2020, at around 20:30, the Defendant driven the 125c c spack with no number plate while under the influence of alcohol level of about 0.208% without a motorcycle driver's license in the direction of about 5km in front of the indoor gymnae-dong located in Syangyang-si, Samyang-si, the Defendant driven the spakba in the direction of about 0.208% of blood alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actual condition, report on accident site, vehicle driving certificate, ledger of driver's license, report on circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), response to requests for appraisal, statement on blood alcohol appraisal, and notification of the control results of drinking driving;

1. Criminal records: Application of the Act and subordinate statutes to inquiry reports and investigation reports (a summary order, etc. attached to the same type of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The issue is heavy in light of the fact that probation, community service, or order to attend a lecture is a blood alcohol concentration for the sentencing reason of Article 62-2 of the Criminal Act, the same kind of power and the period of suspended execution, etc.

However, this case is due to the accident compared to the vehicle driving case due to the motor vehicle driving case.