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 14, 2006, the Defendant was issued a summary order of KRW 500,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on April 10, 2017, respectively.

[Criminal Facts] On January 6, 2020, the Defendant, while under the influence of alcohol at 0.042% of blood alcohol level, driven a vehicle with low alcohol level from the front of the Jeju City to the fourth head of the road located in Jeju-ro 141 (Dried-dong), 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. Statement of the circumstances of the driver provided by the police, the report on detection of the driver, and the report on investigation into the driver provided by the police; and

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 (verification of the same kind of force);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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 one year : The defendant has a record of being issued a summary order of 2 million won by the Jeju District Court on April 7, 192 as a violation of the Road Traffic Act from the first head of the judgment of the defendant, in addition to this record, there is a history of being issued a fine of 2 million won by the Jeju District Court on April 7, 192, and a normal situation in which the distance of the defendant driven under the influence of alcohol is considerably favorable: