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

On April 9, 2012, the Defendant issued a summary order of KRW 4 million in the same court as a fine of KRW 1.5 million in the Jeju District Court and a fine of KRW 1.5 million in November 20, 2012 in the same court as a crime of violation of the Road Traffic Act (driving).

At around 13:10 on July 27, 2020, the Defendant driven a D-Wn-Wn-lurd vehicle from the front day of Jeju City B, C, to the front day of Jeju Public Health Center (Seoul-dong), at about 264 meters from the 3km distance from the front day of Jeju-do and Jeju-do Public Health Center (Seoul-dong), while under the influence of alcohol by 0.094% of alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement E of the defendant in court;

1. Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (report attached to the same type judgment, etc.);

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 occurrence of a traffic accident while driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Act; (b) the occurrence of a traffic accident while a long-term period of time has not been repeated; (c) the punishment exceeding the fine for the same kind of crime has not been imposed; (d) the Defendant’s age, character and conduct, family relationship, environment