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

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

Punishment of the crime

On June 7, 2018, the Defendant was issued a summary order of KRW 7 million by the Jeju District Court for a crime of violation of the Road Traffic Act.

On June 10, 2020, around 09:53, the Defendant driven an Epoter II cargo vehicle under the influence of alcohol leveling 0.224% from the 2km section from the road near the Defendant’s residence in Jeju City to the “D” road in the same city as “D” road in the same city.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on the state of the driving under drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the following: (a) an order to attend a lecture or an order to provide community service was driven under the influence of alcohol without a license; (b) the nature of the crime is not good; (c) the state of drinking is very heavy; and (d) the Defendant has been punished three times

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set