A defendant shall be punished by imprisonment for one year.

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 February 17, 2011, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Suwon District Court's Ansan Branch, and on September 1, 2016, the same court received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act.

On April 20, 2020, at around 03:30, the Defendant driven a C motorcycle while under the influence of alcohol at approximately 1.5 km section from the front of Silung-si to the 75-Gu 2ndo-gu Office Park in Silung-si, Silung-si, the Defendant driven a C motorcycle with a blood alcohol concentration of about 0.084%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of the driver, output, and investigation report (official application of the Ba mark);

1. Previous convictions indicated in judgment: Criminal records, criminal investigation reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s previous conviction and the time and distance from the Defendant, the circumstances leading to drinking alcohol and driving and detection at the time of the instant case, and the Defendant’s age, character and conduct, family relationship, occupation, and circumstances after the instant case, and all of the sentencing conditions shown in the pleadings, such as the Defendant’