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 22, 2007, the defendant was issued a summary order of 2.5 million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On July 10, 2020, the Defendant, while under the influence of alcohol at a 0.202% of alcohol level on July 23:3, 2020, driven a Drocketing car at a section of about 300 meters 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 circumstantial statement of the driver of the police station, investigation report (report on the circumstances of the driver of the police station), inquiry into the results of the control of drinking driving, and notification to the department reported in the 112 case; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

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 summary order of KRW 1,500,000,000, which is sentenced to a fine for a crime of violation of the Road Traffic Act from the Jeju District Court on August 25, 2001, other than the first head in the judgment of the defendant; the summary order of KRW 700,000,000,000,000,000 won from the same court on October 29, 2003; the summary order was issued from the same court on July 21, 2004 to a fine for a violation of the Road Traffic Act; the defendant at the time of the crime in this case.