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

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

Punishment of the crime

On April 20, 201, the Defendant received a summary order of KRW 4 million from the Jeonju District Court on April 20, 201 due to the crimes of Road Traffic Act, and a summary order of KRW 5 million from the same court on April 25, 201 due to the same crime, etc.

On August 28, 2019, at around 17:57, the Defendant driven a D-wing truck under the influence of alcohol concentration of 0.144% from a 20-meter section from the Defendant’s house located in Kim Jong-si, to the three-distance road near the entrance of Kim Jong-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, and investigation status 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 on probation and lecture attendance order;

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 has previously been subject to criminal punishment on several occasions due to the same and different types of crimes.

The favorable circumstances - The distance of the defendant's drunk driving is not long, and the driving is likely to be completed voluntarily.

- There is no past record of criminal punishment exceeding a fine previously imposed on the accused.