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 July 22, 2014, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Jeju District Court, and on August 10, 2016, the same court was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Road Traffic Act.

[Criminal Facts] On August 22, 2018, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was driving a fnick car from the roads near the “C cafeteria” located in Jeju City B while under the influence of alcohol at 0.088% of the blood alcohol concentration, to the roads near the “E cafeteria” located in D in Jeju City.

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. To make inquiries into the results of the control of drinking and driving conducted by the police, report on the situation of drinking drivers, and report on investigation; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report by the police, application of Acts and subordinate statutes (including attached documents) of investigation report by the prosecutor's office to prepare a prosecutor's office;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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. is 【The scope of applicable sentences under the law】 6 months to 1 year and 6 months (in the case of discretionary mitigation) of imprisonment, 2 months to 8 months of suspended sentence’s imprisonment, and 2 months of suspended sentence, as seen in the first head’s criminal records as seen in the judgment of the Defendant, 5 times of punishment for drunk driving.