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 July 9, 2010, the Defendant received a summary order of KRW 1 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

On June 29, 2020, at around 17:30, the Defendant driven a D SV truck in the state of alcohol 0.138% alcohol level from the front road of the lander in Jeju Island B to the C front intersection.

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. Application of Acts and subordinate statutes to public notice of criminal records, etc. of the report on his/her statement on the status of a prime driver, and copies of summary order;

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 ordered is determined by comprehensively taking into account the following circumstances: (a) the purpose of sentencing under Article 62-2 of the Social Service Order Act was high in blood alcohol concentration; (b) the occurrence of accidents occurred; (c) the Defendant did not repeat for a long time; and (d) there was no record of punishment exceeding the fine for the same kind of crime; (d) the Defendant’s age, character and conduct, family relationship, environment, background and result of the crime; and (e) the circumstances shown in the arguments of this case