Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On March 23, 2009, the defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on March 23, 2009; on March 23, 2010, the same court issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act (non-exclusive license); and on June 24, 2015, the Jeju District Court sentenced the suspension of execution for eight months as imprisonment for a violation of the Road Traffic Act (non-exclusive license).

[Criminal Facts of the crime] On August 9, 2020, the Defendant, while under the influence of alcohol of 0.207% of blood alcohol level 0.207%, was driving a F car in the section of about 6 km and violated Article 44(1) of the Road Traffic Act at least twice from the front of the “C” in Jeju-si to the “E Jeju-si Office” in D at Jeju-si.

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 a drinking driver prepared by the police, investigation report (report on the circumstances of a drinking driver), the control records of a drinking driver, and the results of the crackdown on drinking driving; and

1. Previous records: Entry of inquiry report made by the police into inquiry report made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecution (including attachment of documents, such as a copy of judgment on records of sound driving);

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., 【Scope of the Sentence of the Punishment of the Punishment of the Criminal Act” 【The Punishment of the Punishment of the Punishment of the Criminal Act” 【The Punishment of the Sentence of the Punishment of the Punishment of the Specific Criminal Act · 1 year to 2 years and 6 months (in the case of discretionary mitigation) .