A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 1, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on February 1, 2008, and on January 19, 2009, by the same court, to a suspended sentence of three months for a violation of the Road Traffic Act.

On November 15, 2014, at around 18:29, the Defendant driven approximately 5 meters of the B motorcycle while under the influence of alcohol by 0.173% in blood alcohol concentration on the front road of 308, Seongdong-ro, Seoul (Magudong).

As a result, the defendant was punished more than twice for the violation of the Road Traffic Act (driving) and driving a motorcycle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A report on the detection of a drinking-powered driver, a report on the detection of a drinking-powered driver, and a report on the status of a drinking driver

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (judicial driving and driving without a license);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the first head prior to the sentencing"), including the prior conviction of the first head as indicated in the judgment, has the history of having been sentenced to the suspension of the execution of imprisonment and the punishment of a fine due to the crime of violating the Road Traffic Act due to driving under the influence of alcohol and driving without a license, but without being aware of the fact that the defendant again used to drive a motorcycle while driving the motorcycle at a level of 0.173% of the blood alcohol level and caused a traffic accident in contact with the motor vehicle, etc., he/she should be sentenced to

However, it is favorable for the defendant to recognize the facts of crime and repent the wrong facts, and the fact that there is no past record of crime for the last five years.