Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 15, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act. On March 25, 201, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the same crime. On May 18, 2017, the Defendant was sentenced to a suspended sentence of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and was sentenced to a summary order of KRW 1.5 million by the same crime.

On August 20, 2019, at around 06:20, the Defendant driven an EM5 vehicle in the state of alcohol alcohol concentration of approximately 0.105% from the section of approximately 1.5km to the roads of the D Company located in C at Jeju on the same day from the roads before the Jeju Youth.

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. Notification of the violation of the Road Traffic Act (driving), the report on the state of the driver, the report on the state of the driver, the report on the actions against the driver, the investigation report, and on-site photographs;

1. Records and records of judgment: Criminal records, inquiry reports and investigation reports (Attachment to judgments related to violation of Article 44 (1) of the Road Traffic Act, etc.);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a drunk driving, and the crime of this case is not good quality, the degree of drinking is not that of the crime, and the defendant is punished for a violation of the Road Traffic Act eight times. In particular, on May 18, 2017, the Jeju District Court sentenced the defendant to a suspended sentence of two years for imprisonment for the same crime.

However, the defendant recognized the facts charged and seriously reflects on the facts charged, and the defendant drinking the previous day of this case.