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 September 18, 201, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Jeju District Court on September 18, 201, and on May 24, 2012, a summary order of KRW 5 million to a fine at the Jeju District Court on May 24, 201, respectively.

On March 5, 2019, at around 13:45, the Defendant driven Dpoter 2 cargo vehicles with approximately 600 meters alcohol concentration 0.185% under the influence of alcohol from the 600-meter section to the front road of the house of the Defendant, which was located in Jeju City, through the roads in front of Jeju City.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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 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. 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 two criminal records for the reason of sentencing, and the degree of driving is relatively high, and the fact that a motor vehicle driven by the defendant is a cargo vehicle with a higher risk than a general motor vehicle is disadvantageous.

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 results of crimes, and circumstances after crimes are revealed in the trial process of this case.