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

[criminal record] On June 9, 2008, the Defendant was issued a summary order of KRW 700,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on January 18, 2016.

[Criminal Facts] On July 26, 2020, the Defendant, while under the influence of alcohol at least 0.057% of blood alcohol level, was driving a bareboat car at approximately 50 meters away from the coast of the bathing beach located at Jeju to the entrance of the bathing beach located at Jeju, and violated Article 44(1) of the Road Traffic Act at least twice.

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 of the report on detection of the driver from the police station, the report on the circumstances of the driver from the employer, and the report on investigation into the driver from the employer; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

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] 1 year or two years and six months (in the case of discretionary mitigation) : A normal condition, other than the first head of the judgment of the Defendant, which is favorable to the Defendant, issued by the Jeju District Court on December 2, 199 a summary order of 50,000 won due to a violation of the Road Traffic Act from the Jeju District Court on December 2, 199: The Defendant’s mistake is recognized and the numerical value of blood alcohol concentration measured by the Defendant at the time of the instant crime is 0.057%.