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

On September 18, 2017, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for a crime of violation of the Road Traffic Act.

On November 19, 2019, the Defendant, while under the influence of alcohol at around 00:39, driven a DNA strawing car from the 5km section to the road near the gas station located in the same group B, from the Maddongwon in the Maduk-gun, the Maduk-gun, the Nam-gun, the Namnam-gun, the Republic of Korea, at approximately 0:10% of alcohol level.

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. A traffic accident report;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, was punished for driving under the influence of alcohol, and committed the instant crime again more than two years, and the drinking water level of the instant case was not lowered, and the risk of causing the instant accident was high, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, after reducing the amount of punishment in consideration of extenuating circumstances, such as the fact that the defendant has no past record of punishment other than the above drunk driving record, and that the defendant repented his mistake, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the order shall be issued together with the participation in the compliance driving lecture, and the punishment shall be determined as the same as the order.