A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal record] On July 29, 2016, the Defendant was issued a summary order of KRW 1 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 11:00 on March 5, 2020, the Defendant, while under the influence of alcohol at a 0.046% of blood alcohol level, was driving the E-Poter II cargo vehicle at approximately 120 meters from the front of the road in Jeju City to the front of Jeju City, 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. Statement of traffic accident-related persons prepared by the F;

1. Each entry into the report of the occurrence of a traffic accident prepared by police officers, the report of the traffic accident, the report of the 112 Incident, the report of the situation of a drinking driver, the investigation report, and the report of the results of the control of drinking driving;

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, statement of investigation into the preparation of the prosecutor (a confirmation of the records of the same kind of drinking driving) and application of Acts and subordinate statutes (including attached documents);

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., 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for one year and one year : A summary order of 700,000 won for the crime of violation of the Road Traffic Act from the Jeju District Court on December 27, 2004, in addition to the first head of the judgment in the judgment of the defendant, shall be issued against the order of summary order from the Jeju District Court on December 19, 2005.