A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On June 9, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court.

[The facts of the crime] On October 6, 2020, the Defendant, while under the influence of alcohol of 0.110% among the blood transfusion around 21:28, the Defendant, at the Jeju-si, driven from the front of the bathing beach road in the Jeju-si at the Jeju-si, about 1km to the front of the “C” road in the Jeju-si, thereby violating 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 examination protocol against the defendant prepared by the police;

1. Statement report on the situation of the driver at the police station, investigation report (report on the situation of the driver at the police station), and report on the detection of the driver at the police station, respectively; and

1. Previous conviction: Application of the Acts and subordinate statutes written in a reply note made by the police;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education / [Scope of the statutory applicable sentences] Imprisonment for one year or two years or six months (in case of mitigation of volume), / one year or two years or six months (in case of mitigation of volume), / two years or more of suspended sentence : The first head of the judgment of the Defendant, other than the first one, was issued by the Jeju District Court on June 13, 2008 with a summary order of 70,000 won due to the crime of violation of Road Traffic Act (unlicensed Driving) by the Defendant; the numerical value of alcohol concentration in blood measured by the Defendant at the time of the instant crime is somewhat higher than 0.10%; and the distance of the Defendant’s driving at the time of the instant crime is somewhat favorable.