The punishment of the accused shall be determined by one year and two months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

On June 6, 2020, at around 20:58, the Defendant driven a DSS5 car under the influence of alcohol content of 0.201% in the section of approximately 30km from the front line of “C restaurant” in the former North Jeju Northern-gun B to the front road of “Yan National Sports Center” located in the front line of 860, Jeonju-gun, Jeonju-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. The sentence of imprisonment is to be imposed in consideration of the fact that at the time of the instant crime, the blood alcohol concentration of the Defendant was highly high at the time of the instant crime, the distance of the Defendant’s drunk driving is extremely long, and the Defendant was in danger at the time causing considerable danger to road traffic safety. However, the execution of the sentence is to be postponed considering the fact that the Defendant was sentenced to one time a fine due to the crime of drunk driving in around 205.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same as the order.