A defendant shall be punished by imprisonment for one year.

except that 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 November 16, 2018, the Defendant was issued a summary order of 2.5 million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts of Crimes] On November 13, 2019, the Defendant, while under the influence of alcohol at 0.121% of alcohol level on the 23:02, operated a motor vehicle for E Spouse area from the back of the hotel B hotel at Jeju to the front roads in Jeju City, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the circumstances of a drinking driver prepared by the police, investigation report (report on the circumstances of a drinking driver), report on detection of a drinking driver, and report on the results of the crackdown on drinking driving, each entry into each protocol; and

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to investigation report (including attached documents) on the preparation of a prosecutor's office (verification of the same kind of force);

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act 【The scope of applicable sentences under the law,” which is the reason for sentencing under Article 62(1) of the Suspension of Execution Act 【The scope of applicable sentences under the law,” 1 year to 2 years and 6 months (in the case of discretionary mitigation), 1 year to 2 years and 6 months (in the case of discretionary mitigation), 2 years and 1 year to 1 year to 2 years of suspended sentence: The numerical value of blood alcohol concentration measured by the Defendant at the time of the instant crime is relatively high to 0.121%; the Defendant’s mistake at the police at the time of the instant crime is relatively high: (a) the Defendant was properly recognized at the time of the instant crime; (b) the Defendant did not cause a traffic accident at the time of the instant crime; and (c) the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age