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 April 1, 2015, the Defendant received a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, at around 15:00 on September 16, 2020, the Defendant driven the E Car with alcohol while under the influence of alcohol of about 0.063% of the blood alcohol concentration from around 200 meters to the blind distance of D farming association corporations in front of the Kim Jong-si, Kim Jong-si.

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. Statement of the police statement concerning F;

1. Reports on traffic accidents, reports on accidents, vehicle photographs, and notification of the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (report accompanied by a copy 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;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. The defendant, who had previously been sentenced to criminal punishment due to the same kind of crime, committed again the crime of this case although he had the record of criminal punishment, and the defendant, as stated in its reasoning, is selected to be sentenced to imprisonment in view of the occurrence of traffic accidents.

However, its execution is suspended considering the fact that the degree of negligence on the defendant's traffic accident seems to be gross (the other party to the traffic accident also acknowledges it), that there is no past record of criminal punishment exceeding the fine, and that the defendant's blood alcohol concentration level is not high at the time of the crime in this case.

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.