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 August 26, 2014, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On October 25, 2019, the Defendant, while under the influence of alcohol at least 0.079% of blood alcohol level around 21:39 on October 25, 2019, operated a D-crick-type car at approximately 15 meters in a restaurant parking lot located in Jeju-si B, 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. Entry into police records, the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers, and the investigation report (report on the circumstances of drinking drivers); and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report on the preparation of a public prosecutor's protocol, and application of the same type of judgment;

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 or six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for one year or two years and six months (in the case of discretionary mitigation) : The defendant was issued a summary order of KRW 1 million on May 17, 199 for a violation of the Road Traffic Act from the Jeju District Court on November 22, 2004 to a fine of KRW 1,50,000 won for a violation of the Road Traffic Act from the same court on September 17, 2014; and the fact that the defendant was issued a summary order of KRW 1,00,000 from the same court on September 17, 2014 to a fine for a violation of the Road Traffic Act in favor of the defendant: