The punishment of the accused shall be determined by two years of imprisonment.

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

Punishment of the crime

On December 2, 2013, the Defendant received a summary order of KRW 1 million from the Jeonju District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million from the same court on March 21, 2016 as the same crime.

Nevertheless, at around 18:38 on November 10, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.110% in the section of about 10km from the roads in front of the Jeonju-gun, Chungcheongnam-gu, Seoul to the roads in front of the Jeonjin-gu, Seoul.

As a result, the defendant has committed a violation of the Road Traffic Act (driving) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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 before ruling: Application of criminal records, inquiry reports, investigation reports, 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 sentencing under Article 62-2 of the Criminal Act on probation and 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 caused a traffic accident while driving under influence as stated in its reasoning, which has a significant negative impact on traffic safety.

- The Defendant has previously been subject to criminal punishment three times for the same crime.

There shall be no history of criminal punishment exceeding the fine previously imposed on the defendant.