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 October 13, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million by a Jeju District Court for a violation of the Road Traffic Act. On March 21, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

Although the Defendant was a person who violated Article 44(1) of the Road Traffic Act, at around 15:00 on August 12, 2019, the Defendant driven an EM3 vehicle while under the influence of alcohol from about 500 meters to about 0.052% of alcohol concentration in the section from around 500 meters to the front of Jeju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 with the reason of sentencing under Article 62-2 of the Criminal Act is a disadvantageous condition, such as the operation of the crime in drinking condition, the nature of the crime, and the defendant's previous convictions including the suspended sentence of imprisonment, three times, etc.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the state is very heavy is a favorable situation.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.