A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On August 20, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court.

[Fact of crime] On July 15, 2020, the Defendant, while under the influence of alcohol of 0.14% among the blood transfusion around 19:20, driving a Category II cargo vehicle at approximately 3km from the roads near Jeju-do moving in Jeju-si to the front of Jeju-si, 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 examination protocol against the defendant prepared by the police;

1. Each report made by police on the occurrence of a traffic accident, the report made by a traffic accident, the statement of the circumstances of the driver at home, the investigation report made by the driver at home, and the report on detection of the driver at home; and

1. Statement of the appraisal report prepared by the appraiser affiliated with the main office of the National Institute of Scientific Investigation for Science;

1. Each image of an accident scene photograph;

1. Previous convictions: Entry of a written reply to inquiries made by the police concerning the preparation of the police, application of the investigation report made by the prosecution (including attachment reports of the previous summary order to the previous summary order) and application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education / [Scope of the statutory applicable sentences] / Imprisonment with prison labor for one year to two years (in case of mitigation of amount), / two years and six months (in case of mitigation of amount), / one year of suspended sentence / two years of suspended sentence : A fine of 700,000 won, other than the first head of the judgment of the Defendant, is imposed by the Jeju District Court on October 21, 1997 as a violation of the Road Traffic Act.