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

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On August 2, 2007, 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 September 15, 2020, the Defendant driven Esch Rexroth sports partitions at around 300 meters away from the 300-meter section of blood alcohol level to D in the front road in the same Gu, the Defendant was under the influence of around 18:35 on September 15, 2020, while under the influence of around 0.119% of alcohol level among blood.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the investigation report on the actual condition of a traffic accident, on-site photographs of an accident, and the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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. There is no record of criminal punishment exceeding a fine, and the last one is 2012 when a criminal punishment is imposed, and the last one is 207 when a criminal punishment is imposed for the same kind of crime.

However, considering the fact that the defendant's blood alcohol concentration is high at the time of the crime of this case, the traffic accident occurred while driving under the influence of alcohol as stated in its reasoning, and the defendant has a number of criminal punishment, it is inevitable to impose criminal liability to a certain extent on the defendant.

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.