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

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

Punishment of the crime

[criminal record] On December 17, 2007, the defendant was sentenced to a summary order of one million won for the crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on February 4, 2008, a summary order of one million won for the same crime from the same support on February 4, 2008, a summary order of one million won for the same crime on July 14, 2008, a suspended sentence of two years for imprisonment with prison labor for the crime of violation of the Road Traffic Act (Driving without a license) from the same support on July 14, 2008, and a suspended sentence of two years for eight months for imprisonment with prison labor for the same support on September 4, 2015.

[Criminal Facts of the crime] On October 22, 2019, the Defendant, while under the influence of alcohol of 0.081% of blood alcohol level on October 22, 2019, was driving the F-wing-III truck at approximately 1.5km from around the restaurant in Jeju-si to E in D, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Entry in the circumstantial statement, investigation report, and report on detection of a host driver prepared by the police; and

1. Entry of an appraiser belonging to the legal, biological and chemical G of the National Institute of Scientific and Investigative Research in a written appraisal of blood alcohol content prepared by the HI;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including confirmation of criminal records of the same kind of suspect) 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. is 【Scope of the sentence to be sentenced by law” 1 year to 2 years and 6 months (the sentence to be sentenced in case of discretionary mitigation).