The punishment of the accused shall be determined by a year 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 November 23, 2015, the Defendant issued a summary order of KRW 1.5 million at the Jeonju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 23:15 August 10, 2019, the Defendant driven a DG70 car in the state of alcohol alcohol concentration of about 500 meters from the front road of the Yansan-gu Seoul Metropolitan City B building to the front road of the same Gu cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. 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. 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 has been subject to criminal punishment for the same crime even before.

The defendant's blood alcohol concentration at the time of the crime of this case is relatively low.

- There is no past record of criminal punishment exceeding a fine previously imposed on the accused.