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 May 20, 2017, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 11:05 on June 16, 2020, the Defendant, while under the influence of alcohol at a 0.114% alcohol level, was driven from the Jeju apartment parking lot to the front roads in Jeju City C from the Jeju apartment parking lot, violated Article 44(1) of the Road Traffic Act by driving the E-blades car at a approximately 2 km section from the Jeju apartment parking lot, and violated Article 44(1) of the Road Traffic Act more than twice.

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 circumstantial statement of the driver of the police station, investigation report (report on the circumstances of the driver of the police station), and record the results of the crackdown on the driving under influence of alcohol; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to investigation report made by the prosecutor (including attached documents) on the preparation of the prosecutor's office;

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 and six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for one year and one year and one year: The value of blood alcohol concentration measured by the Defendant at the time of the instant crime is relatively high to 0.114%; circumstances favorable to the Defendant’s relatively high distance at the time of the instant crime are relatively high: the Defendant’s mistake is recognized and divided; the Defendant did not cause a traffic accident at the time of the instant crime; and after the instant crime, the Defendant committed the instant crime.