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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.
Reasons
Punishment of the crime
On May 1, 2020, the Defendant driven an E-high-speed car at a section of about 490 meters from the roads near Jeju-si to the front of the “D” located in Jeju-si, while under the influence of alcohol at 0.235% of blood alcohol level around 19:25.
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 F and written statements related to traffic accidents in preparation of the G;
1. Entry into an investigation report (the time of criminal conduct and the time of final sound recording) prepared by the public prosecutor;
1. Investigative report (including attached documents) on police preparation (the confirmation of CCTV at H's cafeteria), and images (including attached documents);
1. Statement of the circumstances of a driver of the police station, investigation report, inquiry report, inquiry report on the control of drinking and driving, report on the occurrence of a traffic accident, and report on the actual condition of a traffic accident, each entry into the police station report;
1. Application of each video statute to a scene photograph;
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. 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 applicable sentences under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence of a sentence of a sentence of a sentence’s imprisonment for one year and two years and six months (in the case of discretionary mitigation) : The defendant has a record of being issued a summary order of one million won for a violation of the Road Traffic Act from the Jeju District Court on November 11, 1994; the defendant caused a traffic accident that causes a traffic accident that causes the vehicle parked on the road side while driving under the influence of alcohol; the crime of this case is discovered; the blood alcohol concentration measured by the defendant at the time of the crime of this case is very high to 0.235%: