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 November 14, 2017, the defendant was issued a summary order of a fine of three million won by the Jeju District Court for a violation of the Road Traffic Act.

On November 6, 2019, at around 21:14, the Defendant driven a DNA passenger car at a distance of approximately 100 meters from the day before a mutually influence restaurant in Jeju-si to C in Jeju-si, while under the influence of alcohol of 0.137% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), reports on driving under the influence of alcohol drivers, inquiry into the results of the control of drinking drivers, reports on the state of drinking drivers, and investigation reports;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on confirmation of criminal records of the same kind)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance, such as the operation of the crime in drinking condition, and the nature of the crime is not weak, the degree of taking the crime is very heavy, and the defendant has the same criminal records three times.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the distance of driving is short.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.