A defendant shall be punished by imprisonment for not less than eight months.

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 February 27, 2009, the Defendant issued a summary order of 500,000 won for a fine for a violation of the Road Traffic Act (driving) at the Jeju District Court, and on November 11, 2010, the same court issued a summary order of 2 million won for the same crime, and on December 8, 2015, the same court was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving).

[Criminal Facts] On January 22, 2019, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 03:22 on January 22, 2019, the Defendant driven CK9 car in the section of about 2 km from the front of Jeju City to the public health clinic distance located in the Jeju City from the roads of Jeju City to 0.073% of alcohol concentration.

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. Statement of the situation of a driver taken-off in police preparation, investigation report, and notification of the results of the regulation of drinking driving; and

1. Previous records: Entry of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to a statement (including attached documents) of investigation report prepared by a prosecutor's office (Attachment of a judgment related to the same criminal records and related judgments);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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., 【Scope of the sentence to be sentenced under law” 【6 months’ or 1 year or 6 months’ (in a case of discretionary mitigation) 【Pronouncement of Sentence 8 months’ or 8 months’ imprisonment: The Defendant’s first head’s criminal records as indicated above.