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

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

Punishment of the crime

[Criminal Power] On June 12, 2019, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court on June 12, 2019.

【Criminal Facts】

On October 31, 2019, at around 14:25, the Defendant driven a Karen car with approximately 400 meters alcohol concentration 0.164% under the influence of alcohol from the 400-meter section to the roads in front of the above B via D located in C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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 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's blood alcohol concentration is high at the time of committing the instant crime.

- The Defendant had had a past record of having been subject to criminal punishment several times due to the same and different types of crimes, and in particular, the Defendant had a record of having been subject to criminal punishment due to the act of drunk driving before several months of the instant crime, such as the record of the criminal records

There shall be no history of criminal punishment exceeding the fine previously imposed on the defendant.