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

On July 31, 2014, the Defendant issued a summary order of KRW 3 million by the Jeju District Court due to a violation of the Road Traffic Act (LA) and has violated Article 44 (1) of the Road Traffic Act once.

On August 5, 2019, at around 21:35, the Defendant driven a ewing-III truck with a blood alcohol content of about 0.141% under the influence of alcohol at approximately 300 meters from the road front of the C Union Nohmp in Jeju City, to the front road in Jeju City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement, investigation report (report on the state of his/her driver), and a report on the state of his/her driver;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (attached to summary orders related to past records of violation of Article 44 (1) of the Road Traffic Act);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing