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

[Criminal Power] On August 28, 2012, the Defendant was sentenced to a fine of KRW 4 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 30, 2019, at around 00:05, the Defendant driven a D low-speed car with a 0.116% alcohol concentration at approximately 100 meters away from the 100-meter section from the front side of the indoor eavesd in the Yasan-gu, Yasan-si, Seoul, to the entrance of C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to the previous and summary order);

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 blood alcohol concentration is high at the time of committing the instant crime.

- The defendant has previously been subject to criminal punishment for the same kind of crime.

The favorable circumstances - The defendant has no record of criminal punishment other than the previous conviction.