A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 17, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the Busan District Court's Dong Branch, and on September 18, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the same court on September 18, 2007, and on November 11, 2008, three times the driving power of the Defendant is driving.

Nevertheless, on April 27, 2018, the Defendant driven a CL125S 124c motor bicycle under the influence of alcohol concentration of about 50 meters at approximately 0.305% at the 113rd-ro, 113rd-ro, a 25-ro, south-gu, Busan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report (report on the circumstances of the driver who is placed in driving), notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, and report on the

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. An order to attend a lecture or to provide community service order Article 62-2 of the Criminal Act is very heavy in terms of the defendant's main intent for sentencing, and five times including three times of criminal convictions, three times of suspended sentence, and one time of suspended sentence for the defendant.

However, it is favorable for the defendant to recognize the facts charged, to commit the crime of this case while operating a motor device bicycle, and to the extent that the defendant was subject to criminal punishment for about 10 years.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] -.