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

[Criminal Power] On November 30, 201, the Defendant was sentenced to a fine of KRW 1 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:40 on December 14, 2019, the Defendant driven a two-wheeled vehicle of DYAMAHA under the influence of alcohol leveling 0.041% of alcohol level from about 10 meters from the 10-meter radius to the pre-road of the same Gu.

Accordingly, the Defendant violated the prohibition of driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and making a proper inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (Attachment of suspect's drinking driving records);

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.

The defendant committed a crime under the influence of alcohol driving only once, but also committed a crime under the influence of criminal punishment on three occasions. The crime of this case committed a crime of this case is committed upon the expiration of the suspension period of the execution of imprisonment.

It is doubtful whether the criminal defendant's compliance consciousness is weak or not.

favorable circumstances - The defendant's blood alcohol concentration at the time of committing the instant crime is not high.

(The existing figures without criminal punishment) . - The defendant has no record of having been sentenced to criminal punishment exceeding the fine due to the same kind of crime before.