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

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

Punishment of the crime

[Criminal Records] On February 5, 2010, the Defendant was issued a summary order of KRW 1,500,000 by the Suwon District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 18:55 on December 6, 2019, the Defendant, while under the influence of alcohol at a 0.118% alcohol level, committed a violation of Article 44(1) of the Road Traffic Act by driving a Cgner car at least two meters within the public parking lot in front of B in Jeju, while driving the Cgner car at least two times.

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. Entry of the written statements related to traffic accidents in DNA preparation;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of a driver with a drinking alcohol driver, investigation report, notification on the results of the control of drinking alcohol driving, and entry in each protocol of the record of the control of drinking alcohol driving;

1. On-site photographs, traffic accidents, and images of control points;

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to investigation report (including attachment of summary orders of the same kind of power to the police) prepared by the prosecution;

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”) : The defendant was issued a summary order of KRW 700,000 from the Suwon District Court on February 7, 2003 to a fine for a violation of the Road Traffic Act (driving) in addition to the first head of the judgment, and the summary order of KRW 1 million for the same crime from the same court on November 12, 2004.