A defendant shall be punished by imprisonment for not less than eight months.

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 October 23, 2014, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 3 million for the same crime at the same court on July 15, 2016, respectively.

[criminal facts] The Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 06:07 on May 19, 2019, and operated a DNA low-income vehicle at a section of approximately 200 meters from the front of the Seopo City B to the Seopo City C road in Seopo City under the influence of alcohol at least 0.122% under the influence of alcohol.

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 in the circumstantial statement of the driver, report on detection of the driver, report on the situation of the driver, report on the status of the driver’s license, investigation report, and each entry in the register of driver’s license; and

1. Previous records: Statement of inquiry inquiry report made by the police for preparation of the police, application of Acts and subordinate statutes to a statement of investigation report made by the prosecution (including attachment of summary orders of the same kind of power);

1. The point of driving under the influence of alcohol as stated in the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018): Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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 Punishment under Law” 6 months from 1 to 6 months from 1 year and 6 months from imprisonment.