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 May 12, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On December 26, 2019, the Defendant, while under the influence of alcohol at 0.061% of blood alcohol level on December 26, 2019, was driving a F food car at approximately 3km from the front of a restaurant located in Jeju-si B to the front of the road located in Jeju-si, 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 a police officer's report on detection of a drinking driver, a report on the circumstances of a drinking driver, a criminal investigation report (report on the circumstances of a drinking driver), and a report on the results of the crackdown on drinking driving;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

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 applicable sentence under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence of a sentence of a sentence 【The unfavorable conditions for two years under the suspension of execution : A normal condition in which the Defendant was under the influence of driving under the influence of alcohol at the time of the instant crime: the Defendant’s mistake was recognized and divided. The Defendant appears to have not been under the condition that the blood alcohol concentration measured by the Defendant at the time of the instant crime was 0.061%. The instant crime was committed before the Defendant.