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 May 3, 2007, the Defendant issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Jeju District Court on May 3, 2007, and on November 3, 2009, by a fine of KRW 2.5 million by a violation of the Road Traffic Act at the Jeju District Court on November 3, 2009, respectively, and has the record of violating Article 44(1) of the Road Traffic Act twice.

On August 18, 2019, around 10:20 on Jeju Island, the Defendant driven D B-be or car in the state of alcohol with approximately 5km alcohol concentration of about 0.137% from the 5km section to the roads of agricultural company C in Jeju City, an agricultural company located in front of the 830 New Park in front of the Dosan City to the roads in front of the Do.

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 survey report, investigation report (the report on the statement of the status of the driver), the master driver, the crew report, and on-site photograph;

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to summary orders related to the violation of Article 44 (1) of the Road Traffic Act);

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. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing