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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
[criminal record] On May 3, 2016, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court for the crime of violation of the Road Traffic Act.
[Criminal Facts] On October 6, 2019, at least 06:46, the Defendant violated Article 44(1) of the Road Traffic Act by driving DK5 automobiles at approximately 4.2 km to the front road of the said stock company through Jeju International Airport, which is located in Jeju-si Airport 2 (melting Transportation) from the Do in front of the LAC to the KAB at Jeju-si, while under the influence of alcohol of 0.13% of blood alcohol level.
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 (including attached documents) of an investigation report prepared by the prosecution (finding on the distance of driving of a suspect);
1. Entry of the circumstantial statement of a police officer, report on investigation (report on the circumstances of a drinking driver), report on detection of a drinking driver, inquiry into the results of the control of drinking driving, and report on handling cases 112; and
1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including documents attached thereto) prepared by 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) 【Pronouncement of Sentence 1’s imprisonment with prison labor for one year and two years and six months (in the case of discretionary mitigation), which is disadvantageous to the year of suspended execution : The amount of blood alcohol concentration measured by the Defendant at the time of the instant crime is considerably high by 0.13%, and the length of blood alcohol level measured by the Defendant is considerably high by