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 October 22, 2009, the Defendant was issued a summary order of a fine of one million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On October 23, 2019, the Defendant, while under the influence of alcohol at 0.034% of blood alcohol level, violated Article 44(1) of the Road Traffic Act at least twice, by driving a Fsch Rexton sports car at the 2km section from the front of the C Union located in Seopo City B to the front of the E-school located in Seopo City D in Seopo City, Seopo City.

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. Report on the circumstantial statement, investigation report, and report on detection of a host driver prepared by police officers, respectively; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of the same criminal records as the suspect) into the preparation of the prosecutor;

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 or six months (in the case of discretionary mitigation) 【The sentence to be sentenced 【The sentence’s imprisonment for one year or two years and six months (in the case of discretionary mitigation): A summary order of 700,000 won for the crime of violating the Road Traffic Act from the Jeju District Court on July 7, 2005, in addition to the first head of the judgment of the defendant, there is a record of being sentenced to a summary order of 700,000 won for each crime of violating the Road Traffic Act from the same court on October 25, 2005, and the distance of the defendant driving under the influence of alcohol is relatively long.