The punishment of the accused shall be determined by two years of imprisonment.

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 September 4, 2018, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act on November 30, 2018, respectively.

【Criminal Facts】 On July 16, 2020, around 15:25, 2020, the Defendant: (a) from the roads near Kim Jong-si apartment to the “D” restaurant parking lot located in Kim Jong-si Kim Jong-si, the Defendant violated the prohibition of drinking alcohol driving by driving the E-type vehicle under the influence of alcohol of about 2.5 meters with a blood alcohol concentration of 0.188% at least 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, references to criminal records, investigation reports (report attached to the same type of power judgment, etc.);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Two to five years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The Defendant had had the history of having been sentenced to criminal punishment three times for the crime of drunk driving even before the sentence was previously imposed, and among them, the Defendant had the same history of having been sentenced to a suspended sentence of imprisonment with prison labor even though it did not serve as a ground for the aggravation of the provision of Article 148-2(1) of the Road Traffic Act, and the Defendant has also been sentenced to multiple criminal punishment due to traffic-related crimes, etc. In addition, when considering the fact that the Defendant’s blood alcohol concentration is considerably high at the time of committing the instant crime, and that the Defendant was driven by very dangerous means, it

However, since 199, considering that there is no past record of criminal punishment exceeding a fine, the execution of the sentence shall be suspended, and the age, occupation, character and conduct, family relationship of the defendant and circumstances after the crime was committed.