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 October 16, 2009, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 4 million for the same crime at the Incheon District Court on December 3, 2015.

[Criminal Facts] Around 01:00 on December 1, 2019, the Defendant, while under the influence of alcohol of 0.098%, driven a DNA car at the front of C in Jeju City, about 50 meters, 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. Each entry into police records, such as inquiry into the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the notification of the results of the crackdown on drinking driving;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including accompanying documents) on the preparation of a prosecutor's office (verification of criminal records of the same kind before the suspect);

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 imposed by law” 【The sentence imposed by imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence sentenced by a sentence of a sentence 】 The circumstances favorable to the charge of the instant crime even if the Defendant was punished by drinking driving on two occasions over two occasions as set out in the first head of the judgment of the court below: The Defendant’s mistake was recognized and the number of blood alcohol concentration measured by the Defendant at the time of the instant crime appears to be 0.098%.