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

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 7, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court, and on July 10, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime.

[2] On November 24, 2020, the Defendant driven CK5 vehicle under the influence of alcohol leveling 0.094% from the 2km section of approximately 2km to the welfare center for disabled persons located in 277 of the same Gu, i.e., Annsan-gu Seoul Metropolitan City around November 24, 2020 to the day before the welfare center for disabled persons.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a traffic accident report, a survey report on actual condition, an accident site photograph, and the results of regulating drinking driving;

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. The sentence of sentence is not imposed in consideration of the fact that the defendant has no criminal record other than the above criminal record, and that the defendant finally received criminal punishment from the time when he/she received criminal punishment, and that there is time interval between the two crimes.

However, at the time of committing the instant crime, the Defendant’s blood concentration level is low.

When considering the fact that the defendant's driving of drinking alcohol as stated in its reasoning causes a traffic accident, it is inevitable to impose criminal punishment on the defendant to a certain extent.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.