The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 26, 2015, the Defendant was issued a summary order of KRW 4 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On August 15, 2019, at around 01:50, the Defendant driven C a motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.198% from the 1km section to the front road of the same city, from the 01km Station adjacent to the Seocheon-si Station:50.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and a letter of 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The sentencing of Article 62-2 of the Criminal Act, the numerical value of blood alcohol concentration for the reason of sentencing, the process of detection, the frequency of the records of punishment for the same crime, the time interval with the crime of this case, the confession of the crime, the fact that the mistake is divided, the fact that the defendant does not repeat the crime, and other sentencing conditions specified in the pleadings of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, shall be determined as ordered by the order.