Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On May 20, 2010, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Jeju District Court on May 20, 201, a summary order of 1 million won by a fine for the same crime in the same court on May 23, 2014, and a summary order of 2 million won by the same court on April 8, 2015, and a suspended sentence of 2 years by imprisonment for the same crime.

[Criminal Facts] On November 12, 2019, the Defendant, while under the influence of alcohol at 0.180% of blood alcohol level around 20:55, operated a Fystren vehicle at approximately 200 meters from the front of the bathing beach B at Jeju to the front of the Eart in D, 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 interrogation protocol on the accused prepared by the police;

1. Entry in the circumstantial statement, investigation report, and report on detection of a host driver prepared by the police; and

1. Entry of the legal, biological, and chemical department of the National Research and Investigation Institute, and of blood alcohol appraisal reports prepared by affiliated appraisers GH;

1. Previous records: Statement of inquiry inquiry report prepared by the police, application of Acts and subordinate statutes stating (including attached documents) the investigation report prepared by the prosecution (verification of violation of Article 44 (1) 3 of the Road Traffic Act);

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. 【Scope of the Sentence of the Punishment of the Punishment of the Criminal Act,” and Article 69 of the Act on Probation, etc. 【Determination of the Punishment of the Sentence of the Punishment of the Punishment of the Sentence of the Punishment of the Sentence of the Punishment of the Sentence of the Sentence of the Punishment of the Sentence of the Punishment of the Sentence of the Sentence of the Punishment of the Criminal Act 【Discretionary mitigation of the Punishment of the Sentence of the Sentence