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

[criminal history] On July 19, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon Friwon.

[The facts of the crime] On October 4, 2020, the Defendant, while under the influence of alcohol of 0.153% from blood alcohol during the influence of alcohol around 04:34, committed a violation of Article 44(1) of the Road Traffic Act by driving a straw car at approximately 200 meters away from the road near the “C” located in Jeju City to the “E convenience store” located in Jeju City, thereby violating 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 investigation report prepared by the police (including annexed documents) on each investigation report (the details of telephone conversations with G and / The confirmation of CCTV images for H crime prevention) and each video (including additional documents);

1. The report processing table 112 written by the police, the report on the situation of the driver in charge, the investigation report (report on the situation of the driver in charge of driving), and the inquiry about the results of crackdown on the driving of drinking alcohol, respectively; and

1. Each image of the related photographs;

1. Previous conviction: Statement of a response to inquiries made by the police made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecution (a confirmation of the records of the same kind of crime committed by the suspect);

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 Courses is 【Scope of the applicable sentences under law】 Imprisonment with prison labor for one year to two years (in the case of mitigation of amount), 1 year to six months (in the case of mitigation of amount), 2 years and six months (in the case of mitigation of amount), which is disadvantageous to 2 years of suspended sentence: The crime of this case is committed on the basis of a report made by a pedestrian while the defendant driven alcohol due to the occurrence of vision and