A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal record] On September 29, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Jeju District Court, and a summary order of KRW 2.5 million as a fine in the same court on December 5, 2012.

[Criminal Facts] On December 30, 2019, the Defendant, while under the influence of alcohol at least 0.078% of blood alcohol level around December 30, 2019, driven a DNA car at a section of about 500 meters near Jeju-si to the roads near Jeju-si, and violated Article 44(1) 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. Each entry of a police officer's report on detection of a drinking driver, a report on the circumstances of a drinking driver, a criminal investigation report (report on the circumstances of a drinking driver), and a report on the results of the crackdown on drinking driving;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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’s imprisonment for one year and two years and six months (in the case of discretionary mitigation): The summary order of a fine of 200,000 won from the Jeju District Court on October 16, 1995 as a violation of the Road Traffic Act from the first head of the judgment of the defendant; the summary order of a fine of one million won for the same crime from the same court on May 12, 1997; and the fine of two million won for the same crime from the same court on January 25, 1999.