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

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

Punishment of the crime

[criminal history] On April 1, 2008, the Defendant issued a summary order of KRW 4 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Drinking Driving) in the Support of the Sugwon of Sugwon, and on January 12, 201, the Seoul Central District Court issued a summary order of KRW 6 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) in violation of the Road Traffic Act (Dangerous Driving) at the Seoul Central District Court on January 12, 201, and on May 4, 2018, the Defendant was sentenced to a fine of KRW 8 million for a crime of violation of the Road Traffic Act (drinking) at the Jeju

[The facts of the crime] On August 31, 2020, the Defendant, while under the influence of alcohol of 00:40% on blood, violated Article 44(1) of the Road Traffic Act by driving BK 3 cars at approximately 14 meters in the 40km away from the road near the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, 9-4(m) of 9-4(m) in Jeju Special Metropolitan City to the Han-do Special Metropolitan City, Nowon-gu, 100-3 at the speed of 14km to the road near the 400 meters away from the east-do Special Metropolitan City, Jeju Special Metropolitan City.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect examination protocol against the defendant prepared by the police;

1. A written statement prepared in C;

1. Report on the occurrence of a traffic accident by the police officer, report on a traffic accident, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge), seizure records, inquiry into the results of self-driving control on driving under the influence of alcohol on October 5, 2020, copy of notification on the results of self-driving control on driving under the influence of alcohol, and each entry in the report processing sheet of 112; and

1. Statement of the appraisal report prepared by the appraiser affiliated with the main office of the National Institute of Scientific Investigation for Science;

1. Statement of output of the log of emergency medical services activities;

1. Each image of an accident scene photograph;

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 prosecutor (a confirmation of the criminal records of the suspect in the same kind of crime).

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. Reduction of a small amount;