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 December 14, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court on December 14, 2006, and on March 3, 2010, a fine of KRW 3 million was issued by the same court as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Drinking).

[The facts of the crime] On October 12, 2020, the Defendant, while under the influence of alcohol of 0.116% among the blood transfusion around 22:10, the Defendant, from the front of the Cropty point in Jeju City to the roads of the Droper apartment house in Jeju City, violated Article 44(1) of the Road Traffic Act not less than 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. Statement of the situation of the driver who is placed in the police preparation, report on the detection of the driver who is placed in the police, investigation report (report on the situation of the driver who is placed in the police), and inquiry about the results of crackdown on drinking driving;

1. Previous convictions: Descriptions of a written reply to inquiries made by the police concerning the preparation of the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (Attachment of a copy of summary order of the same kind of force);

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 the Course of Education / [Scope of the statutory applicable sentences] / Imprisonment with prison labor for one year to two years (in case of mitigation of the amount of punishment, / two years and six months) / 1 year of suspended sentence / 2 year of suspended sentence : A summary order of 100,000 won by a fine from the Jeonju District Court on May 4, 1993, in addition to the first head of the judgment of the defendant, for violation of the Road Traffic Act from the Jeonju District Court on May 4, 193