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 March 22, 2010, the Defendant was sentenced to a fine of KRW 2.5 million by the Jeju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 1 million by the Jeju District Court on January 18, 2018.

At around 23:00 on September 11, 2018, the Defendant driven a Fpon vehicle under the influence of alcohol content of about 0.135% at a section of about 200 meters from the front of the C in Jeju City to the cafeteria road located in the same city D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (Attachment of judgments of the same kind related to driving sound);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant committed a second offense in a short period; (b) there is no record of punishment exceeding a fine for the same kind of crime; (c) the Defendant’s age, character and conduct, family relation, environment, circumstances and result of the crime; and (d) the Defendant’s age, character and conduct, circumstances after the crime, etc.