A defendant shall be punished by imprisonment for not less than eight months.

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 December 14, 2009, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Jeju District Court, and on July 3, 2012, the Defendant was issued a summary order of 3 million won by the same court as the same crime.

On February 21, 2019, at around 19:00, the Defendant driven a B X-ray car with approximately 1.5m alcohol level of 0.122% under the influence of alcohol level from the 19:23m section of the 19:5m section of the 19.5m section of the 19:23m of the same day to the road of the Egypta-dong located in the Egypta-dong, Jeju-si.

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. Notification of the start-up of drinking drivers, report on the state of his/her state of drinking drivers, investigation report (report on the state of his/her state of drinking drivers), report on the state of his/her state of drinking drivers, report on requests for appraisal, report on investigation (blood collection results), and inquiry into the results of the crackdown on

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act has several criminal records for the reason of sentencing, and the degree of taking the same offense is relatively high, etc.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the distance of driving is very long.

In addition, the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime are considered as a whole, and the punishment is imposed as ordered.