The sentence against the accused shall be determined by one year and four months of imprisonment.

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

Punishment of the crime

On September 23, 2014, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

On December 7, 2019, at around 21:35, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 0.048% from the front road in Gwangju Mine-gu, to the front road in the Gwangju Mine-gu, the Defendant was under the influence of alcohol level of about 50 meters in approximately 0.048%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, and investigation status 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. 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's attitude at the time of drinking control is bad.

- The defendant has previously been subject to criminal punishment for the same kind of crime, and there is also a record of criminal punishment such as suspending the execution of imprisonment for a different kind of crime.

favorable circumstances - The Defendant’s blood alcohol concentration at the time of committing the instant crime is not high.

(Before having been sentenced to criminal punishment) - The defendant has no record of having previously been sentenced to criminal punishment exceeding the fine due to the same kind of crime.