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

[criminal record] On February 2, 2007, the defendant was issued a summary order of 2 million won or more for a crime of violation of the Road Traffic Act at the Jeju District Court, and a summary order of 2.5 million won or more for the same crime at the same court on March 12, 2008.

[criminal facts] The Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 22:35 on January 17, 2019, and driving a f-wing truck at the section of approximately 100 meters from the front of the “C” in Jeju City to the front of the “E” in D while under the influence of alcohol at least 0.159%.

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. Each entry into the register of driver's licenses, such as reports on detection of drivers by police officers, reports on circumstantial statements of drivers by drinking drivers, investigation reports, and the register of driver's licenses;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes to a report (including attached documents) on the investigation of the preparation of the prosecution by the police;

1. The point of driving under the influence of alcohol as stated in the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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. Probation, community service order and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. 【Scope of the sentence under law,” 6 months to 1 year and 6 months (a case of discretionary mitigation).