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 June 19, 2009, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act from the Daejeon District Court, and a summary order of four million won or more as a fine in the same court on June 5, 2012.

Criminal facts

On November 29, 2019, around 00:02, the Defendant driven a Fspke vehicle under the influence of alcohol with approximately 0.147% alcohol concentration in the 3km section from the front of the “C” in Jeju Island to the front of the “Esprink” road located in Jeju Island D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records before ruling: Application of criminal history records, investigation reports (not before disposition and report on results of confirmation) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture or an order to attend a probation office under Article 62-2 of the Probation Criminal Act may repeatedly punish the instant crime even though it had been punished three times due to drinking driving even before the reason for sentencing.

However, considering the fact that human life accidents do not lead, the most recent drinking driving is prior to about eight years, drinking alcohol, driving distance, the age, character and conduct, environment, family relationship, motive and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the argument of this case, the punishment as ordered shall be determined.