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

On March 26, 2012, the Defendant issued a summary order of KRW 3 million at the Jeonju District Court on March 26, 2012 due to a violation of the Road Traffic Act.

On April 11, 2020, the Defendant driven an E Car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.095% from the front road in Yansan-gu, Yansan-si, Jeonju-si, to the Dudio-gu, Jeonju-si.

As a result, the Defendant driven a motor vehicle in violation of the prohibition on drinking under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the actual condition survey report, on-site photographs, and the control results of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

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. In light of the fact that the Defendant, who had previously been sentenced to criminal punishment for the crime of drunk driving, committed the instant crime again despite the history of having previously been sentenced to criminal punishment, the Defendant’s blood alcohol concentration is high at the time of the instant crime, and the Defendant’s traffic accident causing damage to two vehicles while driving the vehicle and causing considerable danger to traffic safety, it is inevitable to sentence imprisonment with prison labor for the Defendant.

However, as stated in its reasoning, the execution of a criminal punishment shall be suspended considering the fact that the defendant has no other criminal records, in addition to the one imposed upon which criminal punishment was imposed once.

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