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 21, 2014, the Defendant was issued a summary order of 1.5 million won by Busan District Court for a crime of violation of the Road Traffic Act.

[Criminal Facts] On September 11, 2020, the Defendant, while under the influence of alcohol of 0.138% on blood alcohol level on September 11, 2020, was driving a ESU125V 124cc two or more times in the section from the roads in front of the Jeju-si to the roads in front of the D apartment store in Jeju-si, and violated Article 44(1) of the Road Traffic Act.

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. Investigative reports (including the verification of CCTV images for the purpose of crime prevention) and images (including attached documents) of police preparation;

1. The 112 Report Report/Handling sheet prepared by police officers, the report on the occurrence of a traffic accident, the report on the actual condition of a traffic accident, the report on the circumstantial statement of a drinking driver, the investigation report, and the report on the results of the control of drinking driving; and

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

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., 【Scope of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act,” and Article 62-2 of the Act on Probation, Etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Procedure” 【Determination of the Punishment of the Sentence of the Punishment of the Sentence of the Punishment of the Punishment of the Criminal Procedure, 【Discretionary of the Punishment of the Punishment of the Punishment of the Criminal Procedure Act’