A defendant shall be punished by imprisonment for six 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 March 7, 2014, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on March 7, 2014, and on April 23, 2014, the Defendant was sentenced to imprisonment for four months and one year of suspended execution for a violation of the Road Traffic Act.

On January 19, 2019, at around 14:40, the Defendant driven an unregistered 110cc Oral diaba, without obtaining a motorcycle driver's license, a motor vehicle with the blood alcohol concentration of about 0.140% from around 6 km to the front roads of the same military as Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the front roads of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry records, court rulings, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. In principle, a serious punishment is required in light of the unfavorable circumstances such as the fact that there is a criminal record of three drinking driving, including the record of the suspension of the sentence of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Social Service Order Act, the fact that the criminal record was committed by high drinking alcohol, and the fact that the

However, in consideration of the favorable circumstances such as the reflection of the nature of the crime, the fact that there is no special damage to others by the crime, the fact that there is no record of punishment by the punishment by imprisonment, the elderly and the economic situation is not good, etc., the punishment shall be determined like the order.