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

[criminal record] On January 8, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 5 million for the same crime at the same court on August 31, 2018.

[criminal facts] The Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 06:57 on February 14, 2019, and was under the influence of alcohol at least 0.108% of the blood alcohol concentration at around 300 meters in front of the building B at Jeju, while driving the Epoter II vehicle at the front of the building C at around 300 meters.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the circumstantial statements of a police officer, report on detection of a driver by an employer, investigation report, and entry in the register of a driver's license by an automobile; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. The point of driving under the influence of alcohol as stated in the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【Scope of the sentence to be sentenced under the law” 【Period of the sentence to be sentenced under the law, 6 months to 1 year and 6 months (in the case of discretionary mitigation) 【Determination of the sentence to be sentenced 10 months’s imprisonment, which is disadvantageous to 2 years’ suspended sentence: the first head of the Defendant’