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 November 1, 2019, the Defendant received a summary order of KRW 2 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

At around 02:40 on February 2, 2020, the Defendant driven a fwing-III truck with approximately 500 meters away from the Chigh School located in Jeju-si B to the front road of the “E pharmacy” located in Jeju-si, while under the influence of alcohol concentration of about 0.156%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

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, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as indicated in the Disposition shall be determined by comprehensively taking into account the following circumstances: (a) the recidivism was committed within the short period of punishment under Article 62-2 of the Social Service Order Act; (b) the degree of blood alcohol level was high; and (c) the occurrence of traffic accidents; (d) the Defendant reflects the nature of the crime; and (e) the Defendant does not have any previous conviction other than the previous conviction; and (e) the Defendant’s age, character and conduct, family relationship, environment, details and result of the crime