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 March 2, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

On November 15, 2020, at around 21:40, the Defendant driven an E-Engine bicycle under the influence of alcohol content of 0.094% from the 2km section from the front of the C cafeteria located in Gangdong-gu Seoul Metropolitan Government to the front of the same Gu D.

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

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Statement of the investigation report;

1. Each description and image of the actual condition of a traffic accident, report on the occurrence of a traffic accident, each vehicle model, breath measurement records, report on the detection of a primary driver, the circumstantial report of a primary driver, and the vehicle photograph;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes to inquiries, such as criminal history, reports on investigation (the confirmation of the previous history thereof), and requests for summary orders;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the Road Traffic for the reason of sentencing is that the current Road Traffic Act provides that persons who violate the prohibition clause on drinking or refusing to measure drinking shall be punished more than twice for the purpose of preventing driving of drinking that threatens traffic safety, and that such prohibition clause is a dangerous crime that may harm the life of others as well as his/her own life.

However, the defendant reflects his mistake, and there is no record of criminal punishment exceeding the fine, and the defendant is past.