A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 5, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving in drinking), and on April 17, 2017, a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at the Sungnam Support Center of Suwon Friwon.

On September 28, 2020, the Defendant stated the EV125B engine bicycle indictment in the EST 124C bicycle indictment in the state of drinking approximately 0.060% alcohol level from around 22:08 to around the street of "D" located in Gwangju City from around 6km to around the street of "D" located in Gwangju City. However, according to Article 2:19 (a) of the Road Traffic Act, the Defendant stated the two-wheeled automobile with engine displacement displacement of less than 125cc among the two-wheeled automobile under Article 3 of the Automobile Management Act is specifically referred to as "motor bicycle", and this is divided into "motor vehicle" as provided in subparagraph 18 of the same Article. Thus, this is corrected.

The Article 44(1) of the Road Traffic Act was violated at least twice by driving the vehicle.

Summary of Evidence

1. The defendant's legal statement report on the circumstances of the driver placed in driving and notification of the result of regulating drinking driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, and application of a summary order of the same force to the suspect;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are determined as follows: (a) comprehensive consideration of the following conditions of sentencing, including the age, sex, environment, circumstances, results of the crime, and circumstances after the crime, and all the kinds of conditions of sentencing as shown in the arguments and records.

Unfavorable circumstances: The defendant committed a crime again even though he had a previous record of driving twice, and the result of drinking or the distance of driving is not easy.

The favorable circumstances: the defendant reflects the error.