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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 July 22, 2019, at around 01:00, the Defendant driven CM vehicles at a distance of about 10 meters from the roads before Jeju City, while under the influence of alcohol 0.225%.
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 statement of traffic accident-related persons in the D or E preparation;
1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, inquiry into the results of the crackdown on drinking driving, circumstantial statement of a drinking driver, and investigation report; and
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. 【Scope of the Punishment under the Act’s Punishment” 【The Decision of the Sentence 1 to 2 years and 6 months (in the case of discretionary mitigation) 【The Decision of the Punishment of Sentence 1 to 2 years and 6 months (in the case of discretionary mitigation), the Defendant’s blood alcohol concentration measured by the Defendant at the time of the instant crime is very high to 0.225%, and the Defendant committed the instant crime from June 25, 2019 where the amended provision of the Road Traffic Act, one of the so-called “Maphoho-ho Act,” which was enforced, was not until 1 month ago: The Defendant’s mistake was recognized and divided; the Defendant was short of the distance from driving under the influence of the Defendant at the time of the instant crime; the Defendant did not have any criminal record; the Defendant’s motive and behavior, motive and consequence of the instant crime; and the circumstances revealed after the instant crime.