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

[Criminal Power] On May 29, 2014, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 14, 2020, at around 21:47, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.07% at the section of approximately 2 km, which reaches the front road of the Sonsan-gu Seoul Metropolitan City, Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range 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.

Unfavorable circumstances - The defendant suffered a traffic accident while driving under the influence of alcohol as stated in its reasoning.

Although this does not vary among others, physical damage is not significant, and the defendant recovered physical damage, it can be seen that the risk caused by the defendant's crime significantly increased.

- The Defendant has been subject to criminal punishment for the same kind of crime two times prior to that time.

There shall be no history of criminal punishment exceeding the fine previously imposed on the defendant.