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 February 21, 2013, the Defendant was issued a summary order of a fine of three million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 22:55 on June 5, 2020, the Defendant, while under the influence of alcohol at a 0.107% of alcohol level, was driving DNA car at a section of about 5 km from the front to the front of C at Jeju, and violated 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 interrogation protocol on the accused prepared by the police;

1. Each entry of the report on detection of the driver from the police station, the report on the circumstances of the driver from the employer, and the report on investigation into the driver from the employer; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes (including attached documents) of investigation report prepared by the prosecution (report on summary order of the same-class power attached thereto);

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] 1 year or one year and six months (in the case of discretionary mitigation) : The amount of blood alcohol concentration measured by the Defendant at the time of the instant crime is relatively high to 0.107%; normal circumstances favorable to the Defendant at the time of the instant crime are considerably high: the Defendant’s mistake is recognized and divided; the Defendant did not cause a traffic accident at the time of the instant crime; the instant crime was committed before the Defendant.