A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 December 10, 2007, the defendant was sentenced to a two-year suspended sentence for six months by imprisonment for a violation of the Road Traffic Act (driving without a license) at the Jeju District Court. On April 22, 2011, the same court was sentenced to a three-year suspended sentence for six months by imprisonment for a violation of the Road Traffic Act (driving without a license).

[Criminal Facts] On April 15, 2018, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at least 0.104% of the blood alcohol concentration at around 23:30 on April 15, 2018, driving a vehicle with approximately 200 meters in front of the “D cafeteria” in Jeju City from the roads of Jeju City to the front of the “D cafeteria.”

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 the situation of a driver taken-off in the police preparation, investigation report, and statement of the results of the crackdown on drunk driving; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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 Act on Probation, etc., Article 59 of the Act on the Punishment of Probation, etc., 【Scope of the Sentence of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Sentence of the Punishment of the Punishment of the Punishment of the Sentence of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Crimes of the Crimes of Violation of the Road Traffic Act of 2005 and 2006, in addition to the previous criminal records of the crime of violation of the Road Traffic Act of 2005 and 206, there is a history of punishment for the violation of the Road Traffic Act of 3 times or of fine.