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 September 7, 2017, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million from the Seoul Western District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) on November 10, 2017.

【Criminal Facts】

On June 21, 2020, the Defendant driven a FNSC1255SH motorcycle from around the main point of “C” located in Seodaemun-gu Seoul, Seodaemun-gu, to the front road located in the same Gu, while under the influence of alcohol of 0.10% of blood alcohol level around 03:10, the Defendant driven a FNSC1255S motorcycle from around 5 meters around the main point of “C” located in the Seodaemun-gu, Seoul to the

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

Summary of Evidence

1. Notification of the defendant's legal statement, the results of the drinking driving control, the report on the circumstances of a drinking driver, the investigation report on the results of the drinking driving control (related to the application of the Ba mark) by the defendant, the inquiry report on criminal records, the investigation report, and the application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 was that the Defendant was punished for drunk driving two times in 2017, but the instant drinking driving was conducted at the same time, and the occurrence of the instant accident was the result of the instant drinking driving.

On the other hand, the driving distance of this case is not long, and the defendant is expected not to mislead such a mistake again, etc., and the conditions for sentencing specified in the records and arguments, such as drinking water and driving distance of this case, the age, character and conduct, environment, motive and consequence of the crime, etc., shall be determined as follows: comprehensive consideration of various circumstances, which are favorable to the defendant, such as the defendant, such as the age, character and behavior, environment, motive and consequence of the crime