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

[Criminal Power] On January 22, 2008, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act at the Jeonju District Court on January 22, 2008, and two years of suspended execution in August 21, 2009 by the same court for the same crime.

【Criminal Facts】

At around 00:01 on November 7, 201, the Defendant driven a Fcoon maid car with blood alcohol concentration of about 300 meters from the upper corner of “C” in the front corner of “E” to the front corner of “E” restaurant located in “E” in “E”, a city of 0:01, under the influence of alcohol concentration of about 0.107%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect drinking prior to and attachment to suspect drinking);

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

- At the time of the instant crime, the Defendant’s blood alcohol concentration is high.

In addition, the defendant has been subject to criminal punishment that has been suspended for the same kind of crime in the past three times, such as having a record of having been sentenced to criminal punishment that has been suspended for the execution of imprisonment for the same kind of crime.

Considering the above circumstances, it is inevitable to sentence the defendant to imprisonment.

- However, when the defendant is sentenced to criminal punishment for the last same kind of crime, 11 years (10 years from the time of criminal conduct) from now, and later, a fine not exceeding 50,000 won shall be imposed.