The punishment of the accused shall be determined by one year and two months.

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

Punishment of the crime

On September 9, 2013, the Defendant issued a summary order of KRW 4 million at the Jeonju District Court to a fine of KRW 4 million for a crime of violation of the Road Traffic Act, and on July 15, 2014, a summary order of KRW 3 million at the Cheongju District Court to a crime of violation of the Road Traffic Act.

Nevertheless, at around 23:10 on April 3, 2020, the Defendant driven the E-Poter Cargo with about 100 meters alcohol concentration of 0.127% from the front road in the Jeonju-gun B to the D front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of a summary order;

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 on probation and lecture attendance order;

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 of imprisonment shall be made in consideration of the fact that the defendant's blood alcohol concentration level is high at the time of the crime of this case and that the defendant has a criminal record of having been sentenced to criminal punishment, such as punishment for several crimes including the same criminal records;

However, the Defendant initially operated a substitute driver at the time when the instant crime was committed. However, there is no evidence to readily conclude that the Defendant was driving a short distance only at the end of the trial with the substitute driver, and considering that there was no record of criminal punishment exceeding the fine due to the same criminal act, and that there was no record of criminal punishment after 2015, the execution of the instant crime shall be suspended.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime are considered as the disposition.