A defendant shall be punished by imprisonment for up to seven months.

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

Criminal facts

On May 1, 2015, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drawing driving without a license), and on September 15, 2015, the same court issued a summary order of KRW 3,00,000 as a crime of violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving without a license).

Although there are two occasions of force punished by drinking alcohol driving, Defendant 1 driven a three-wheeled son on September 28, 2018, at around 00:25, while under the influence of alcohol level of 0.198% among blood alcohol level, Defendant 1 driven a mountain-ro 1km no license plate in the area of the mountain-ro mountain-dong located in the Changwon Simsan Simpo-dong in the same Simnsan Simpo-dong in the same Simnsan Simpo-dong, to the front road in the Simti City City Park.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and once again operated a motor bicycle without a motor device license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As seen in the facts constituting the crime of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Criminal Act, the defendant has already committed a violation of the Road Traffic Act (drinking) on two occasions.