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 August 26, 2009, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of one million won or more for the same crime at the Jeju District Court on May 17, 2018.

[Fact of crime] On October 22, 2020, under the influence of alcohol level of 0.071% among the blood transfusion around 04:30, the Defendant driven a BM3 vehicle in the section of about 20 km from the public parking lot in the Jeju city to the road near the Gancheon-Eup, Chocheon-si, Jeju, 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. Report on the occurrence of a traffic accident at police preparation, report on the situation of the driver at driving, investigation report (report on the circumstances of the driver at driving), inquiry into the results of crackdown on drinking driving, and report on the traffic accident (report on actual condition); and

1. Each image of an accident scene photograph;

1. Previous conviction: Entry in a reply note made by the police to inquire about the preparation of the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (Attachment of a copy of the previous summary order) (including attached documents);

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, 【Scope of a Statutory applicable sentences】 Imprisonment with prison labor for one year to two years (in case of mitigation of a certain amount), 1 year to six months (in case of mitigation of a certain amount), 2 years to one year of suspended sentence: The Defendant committed the instant crime by causing a traffic accident under which the Defendant was placed on the right side of the road while driving alcohol.