A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 11, 2006, the defendant was issued a summary order of a fine of one million won by the Gwangju District Court for a violation of the Road Traffic Act.

On January 17, 2020, around 01:23, the Defendant driven B K5 cars under the influence of alcohol level of about 0.102% from the 1km section of approximately 1km to the 5-lane of the president in Chocheon-gu, Seocheon-gu, Seocheon-gu, Jeju.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), inquiry into the results of the crackdown on drinking driving, and on-site photograph;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report accompanied by a certified copy of a summary order);

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize the defendant's mistake, the defendant's previous convictions are three times the criminal records of the same kind of fine, the degree of the taking, the degree of the light of the attitude in the trial process, and the minor awareness about the crime of drinking driving seems to be insufficient. Other factors such as the defendant's age, character and behavior, environment, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case shall be determined as the order