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

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

[Power of crime] On June 7, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violating the Road Traffic Act (dacting driving).

[2] On November 2, 2020, the Defendant violated the provision on the prohibition of drinking at least two occasions, 200, while under the influence of alcohol level 0.145% while under the influence of alcohol level 0.145% among blood on the roads located in 5-lane 9, Seojin-gu, Seoul Special Metropolitan City on November 2, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of survey on actual conditions, on-site photographs, and crackdown on 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. 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 in this case, traffic accidents occur while driving under the influence of alcohol, and that the defendant has a number of criminal penalties including the same crime committed by the defendant;

However, the execution shall be suspended in consideration of the fact that the distance of the defendant's driving of drinking alcohol is not long, and that there is no record of criminal punishment during the last ten years.

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.