The sentence against the accused shall be determined by one year and six 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 November 25, 201, the Defendant was issued a summary order of KRW 2 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 08:30 on March 10, 2020, the Defendant driven a FA5 vehicle under the influence of alcohol content of about 1km from the front road of the “Cjuk-gu Seoul Metropolitan Government B” in his address (hereinafter referred to as “Chodong-gu”), to the front road of the “Esung” located in Seojin-gu Seoul Metropolitan City, Seojin-gu, Seoul Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (related to the Tramark);

1. Reports on the actual condition of survey, reports on the occurrence of a traffic accident, site photographs of the accident, and notification of the results of drinking driving control;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on confirmation of the same kind of power) and 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 blood alcohol concentration at the time of the crime of this case is high.

- The Defendant, as stated in its reasoning, has caused a traffic accident while driving under the influence of alcohol and has diving, and even if there was no personal injury, he can be seen that the Defendant’s operation causes a considerable danger to traffic safety.

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

When the defendant is finally punished by penal punishment, it is around 2012, and it is also before.