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

On January 28, 2016, the Defendant has been sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jeju District Court on January 28, 2016, and a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Jeju District Court on February 8, 2017.

The Defendant is a driver of a passenger car in the Stity area B.

On April 12, 2020, the Defendant driven the above vehicle while under the influence of alcohol of about 0.138% of alcohol concentration from the section of about 16 kilometers of approximately 16 kilometers to the frontway in Jeju City, from the vicinity of the old-mar street in the Nowon-si, Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act was not met; (b) the fact that there was no previous conviction other than the previous conviction in the judgment; (c) the accused’s age, character and conduct, family relationship, environment, circumstances and result of the crime; and (d) the circumstances after the crime