A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On November 15, 2016, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and a summary order of KRW 3 million for the same crime at the same court on October 16, 2017, respectively.

[The facts of the crime] On October 28, 2020, the Defendant, while under the influence of alcohol of 0.132% from the blood alcohol level around 22:55, committed a violation of Article 44(1) of the Road Traffic Act by driving a FSS5 car at approximately 2.5km from the front of the cafeteria at the Jeju City to the front of the “E” road located in D at Jeju City.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination protocol against the defendant prepared by the police;

1. Report on detection of drivers working at the police station, report on the circumstances of drivers working at the police station, investigation report (report on the circumstances of drivers working at the police station), and inquiry into the results of crackdown on driving drinking; and

1. Previous convictions: Descriptions of a written reply to inquiries made by the police into the police, application of each investigation report made by the prosecution [i.e., appendix of the previous summary order attached thereto / appendix of the said previous summary order], and application of each of the Acts and subordinate statutes (including attached documents);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, 【The scope of applicable sentences under law 【The scope of applicable sentences under law 】 1 year to 2 years and 6 months (in case of mitigation of amount), 1 year to 1 year to 2 years to 1 year to 2 years to 2 years to 2 years to 2 years to 2 years to 2 years to 2 years to 3 years to suspended sentence: the first head of the judgment of the Defendant, in addition to the first head of the judgment, is a summary order of a fine of 5