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 became final and conclusive.

Punishment of the crime

[criminal power] On April 3, 2014, the Defendant issued a summary order of KRW 3,50,000 to a fine for a violation of the Road Traffic Act at the general military court of the waterworks branch on April 3, 2014, and on May 9, 2018, the Seoul Central District Court issued a summary order of KRW 5,00,000 to a fine for the same crime, respectively.

【Criminal Facts】

As above, the Defendant did not obtain a driver’s license as a person who violated the prohibition on drinking at least twice.

On June 24, 2019, at around 12:30, the Defendant driven a C Sft 125 (125c) Oralab on the road located in Gangnam-gu Seoul Metropolitan Government from the front of Gangnam-gu to the front of Gangnam-gu, Seoul, while under the influence of alcohol of 0.102% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Paper of drinking alcohol measurement record and investigation report (applicable with the suspect mark);

1. Registers of driver's licenses;

1. Accident video CDs;

1. Previous records of judgment: Criminal records, replys following a request for cooperation in investigation, such as written judgments, and replies, written summary orders, investigation reports (Attachment to summary orders), and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as stated in the facts constituting a crime in the judgment of the defendant, who sustained a great injury while driving otobbb while under the influence of alcohol, and the crime in this case is divided, the blood alcohol concentration, driving distance, driving distance, and the same criminal power (the same as criminal power at the time of the market, the other person is punished as a fine, and no criminal power exists) and other various sentencing conditions shown in the arguments of this case shall be determined as ordered by the order.