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

[Criminal Records] On May 2, 2013, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for the violation of the Road Traffic Act (refluence of noise measurement) at the Jeju District Court.

[Criminal Facts] On March 12, 2020, the Defendant, while under the influence of alcohol of 0.103% of alcohol level around 22:00, operated a motor vehicle at a distance of about 1 km from the roads adjacent to the building at Jeju to the roads prior to the D convenience point at Jeju, and violated Article 44(1) or (2) of the Road Traffic Act at least twice.

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. A statement prepared in the F;

1. Investigation report prepared by the police (related to the place of departure of a suspect from his/her place of departure);

1. Statement of the circumstantial statement of the driver at the police station, investigation report (report on the circumstances of the driver at the police station), inquiry into the results of the crackdown on drinking driving, and entry in each department related to the report of the 112 case; and

1. Previous records: Entry of inquiry reports about police preparation, entry of investigation reports on the preparation of a public prosecutor (verification of suspect's history of refusing to measure drinking, and attachment documents) and application of Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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., 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced] 1 year or two years and six months (in the case of discretionary mitigation) : In addition to the first head of the judgment of the Defendant, the court issued a summary order of a fine of two million won as a violation of the Road Traffic Act from the Jeju District Court on December 16, 1998, as well as the first head of the judgment of the Defendant.