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 April 27, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

1. On May 14, 2020, at around 13:35, the Defendant driven a large-scale 50cc Oral wave in the state of drinking 0.161% of blood alcohol concentration from the 1km section from the 1km section to the roads in front of the Defendant’s house located in Busan Cheong-gun, Busan Cheong-gun, to the roads in front of the same military C. of the same military.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any machinery and rocks on which the mandatory insurance is not subscribed on the road;

Nevertheless, the Defendant driven the above urbane at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, notification of the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, and report on internal investigation (a type and attachment of photographs without a license plate);

1. Using a report of two-wheeled motor vehicle and notifying the operator who has failed to attach a license plate;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drunk driving, the defendant committed the crime of this case again, and at the time of driving.