Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

On August 8, 2012, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Jeonju District Court on August 8, 2012, and issued a summary order of KRW 2 million as a fine in the same court on May 29, 2014.

On July 6, 2019, around 21:57, the Defendant violated the provision on prohibition of driving under the influence of alcohol by driving DK5 automobiles under the influence of alcohol at approximately 0.107% under the influence of alcohol at approximately 60 meters from the public parking lot located in Yansan-gu B in the front of the same Gu from around 60 meters to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

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. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Two to five years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

The favorable circumstances - the length of the defendant's drunk driving is unfolded, and there are some circumstances that can be taken into account as well as the background of the driving.

- There is no past record of criminal punishment exceeding a fine previously imposed on the accused.

Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.

- The Defendant has previously been subject to criminal punishment on three occasions for the same kind of crime, and has a record of having been subject to criminal punishment on several occasions due to the crime of immigration, such as non-licensed driving.

From this point of view, the defendant seems to light the legal order, and despite the favorable circumstances as seen earlier, the defendant has to bear criminal responsibility to a certain extent.