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 August 29, 2013, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On February 21, 2020, the Defendant, while under the influence of alcohol 0.188% on blood alcohol level on February 23:2, 2020, operated the Bntro vehicle from the parking lot for private fields, coastwise Sports Park, which was located in the 3530-4 Sinpo City Spopo City, to the roads located on the front bank, and violated Article 44(1) of the Road Traffic Act by driving the Bntro vehicle at a section of about 10 meters from the parking lot for private fields to the roads located on the front bank.

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. Report on the occurrence of a traffic accident prepared by police officers, report on a traffic accident, report on the situation of a drinking driver, investigation report, report on a drinking driver, and report on the results of the crackdown on drinking driving; and

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report prepared by the police, application of Acts and subordinate statutes to investigation report (including confirmation of records of sound driving) prepared by the police;

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’s imprisonment with prison labor for one year and two years and six months (in the case of discretionary mitigation) : The Defendant was dismissed from committing the instant crime by causing a traffic accident under which the Defendant was placed on the road, and the Defendant’s blood alcohol concentration measured by the Defendant at the time of committing the instant crime is considerably high by 0.18%: The Defendant’s mistake.