A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On August 9, 2016, the Defendant received a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court, and received a disposition of suspending indictment for the same crime from the Seoul Central District Prosecutors' Office on December 27, 2017.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on May 28, 2019, the Defendant driven a motor bicycle under the influence of alcohol content of about 3km from around 0.261% at around 0.261%, from around 23:44, Namyang-si, Hoyang-si, to the front road located in the same city C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of his/her driver under consideration, and investigation report;

1. Notification of the results of the drinking driving control, and a request for appraisal;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. No sentencing criteria shall be set;

3. Even though the Defendant committed a crime of violation of the Road Traffic Act (driving) around 2016 and around 2017, the Defendant committed the instant crime.

The blood alcohol concentration at the time of the instant crime is 0.261% (blood collection).

However, it is considered that the driving of a motor bicycle is a motorcycle, and the record and pleading of this case are shown in the blood alcohol concentration of the defendant, the distance of driving, the contents and distance of the previous punishment power of the defendant, and the age and character of the defendant, family relationship, motive and means of the crime, and circumstances after the crime.