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 October 8, 2012, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On July 2, 2020, the Defendant, while under the influence of alcohol of 0.109% on blood alcohol level 0.20% on July 2, 2020, operated the Empic 24 tons container truck from the roads in front of C at a leisure time to D at a level of about 300 meters on the roads in front of D at a leisure time, and violated Article 44(1) of the Road Traffic Act at least twice.

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. Report on the circumstantial statement of the driver of the police station, investigation report (report on the circumstances of the driver of the police station), and inquiry into the results of the crackdown on the driving under influence of alcohol (Evidence No. 10 pages of evidence); and

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

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., 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for one year and two years and six months (in the case of discretionary mitigation): the summary order of a fine of 1.5 million won for a violation of the Road Traffic Act from the Jeju District Court on May 14, 1996; the summary order of a fine of 1.5 million won for a violation of the Road Traffic Act from the same court on March 29, 202; the summary order of a fine of 2 million won for the same crime from the same court on June 30, 2006.