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

[Criminal Power] On December 19, 2014, the Defendant was sentenced to a fine of KRW 3 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 3, 2019, at around 23:15, the Defendant driven a Fspon vehicle with a blood alcohol concentration of about 0.184% in a section of about 340 meters from the upper corner of C located in the Jeonju-si, Jeonju-si, B to the front corner of D’s materials E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and summary orders) 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 for providing community service and attending lectures;

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's attitude at the police investigation stage is very poor.

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

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