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 power] On July 5, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jeju District Court. On June 17, 2016, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Jeju District Court.

【Criminal Facts】

On April 8, 2019, at around 21:42, the Defendant driven a car in Fbents S550 while under the influence of alcohol 0.062% of alcohol in approximately 700 meters from the front of C funeral hall in Jeju Island B to the front of E in the same city.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. In a relatively short period of sentencing under Article 62-2 of the Social Service Order Criminal Act, there are many criminal records, while the blood alcohol concentration was not high, there was no record of punishment exceeding the fine for the same kind of crime, reflectivity, Defendant’s age, character and conduct, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, the punishment shall be determined as ordered by the Disposition, comprehensively taking into account the following factors.