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

On February 26, 2014, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Jeonju District Court on February 26, 201, and a summary order of KRW 4 million for the same crime from the Changwon District Court on June 23, 2016, respectively.

On November 5, 2019, at around 18:55, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.176% in the section of approximately 7.2km from the front of the “C” road located in the U.S. Free Zone B of North Korea to the front road of the “Libansu-dom C” located in the U.S. Free Zone B of North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (road driving distance);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation records, and Acts and subordinate statutes;

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.

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 such as suspending the execution of imprisonment with prison labor for the same kind and a different kind of crime.

The favorable circumstances - The defendant has no record of criminal punishment exceeding the fine due to the same crime before.