A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On March 27, 2019, the Defendant received a summary order of KRW 4 million as a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

On January 26, 2020, the Defendant driven a DNA d's alcohol level of 0.160% under the influence of alcohol level without a motorcycle driver's license on the front side of the C-dong of Busan Building, Seocheon-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motorcycle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. 112 Reporting case handling table; and

1. Stobane photographs, suspect Wearing photographs, and CCTV images to caps;

1. The register of driver's licenses (cancellationd on May 6, 2019), the register of teas, and mandatory insurance;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (examination of criminal records, etc.), and application of summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a fine of KRW 4 million for a drunk driving in March 2019, and a fine of KRW 1.5 million for a violation of the Driver’s License and Guarantee of Automobile Accident Compensation Act on July 2019, and was sentenced to a fine of KRW 1.5 million for a violation of the Act on Non-Exclusive Driving and Guarantee of Automobile Accident Compensation, and again committed the instant crime of drinking and Non-Exclusive Driving. Therefore, the risk of recidivism is highly high, and the blood alcohol content at the time of the instant crime is higher than 0.160%.