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

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

Punishment of the crime

On July 10, 2018, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court as a crime of violation of the Road Traffic Act.

On March 16, 2020, at around 08:22, the Defendant driven a D low-speed car with approximately 800 meters alcohol concentration of 0.063% while under the influence of alcohol from the front Do in front of the B apartment in the Jeonju-gun to the roads adjacent to 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. Any traffic accident (1) (2) report on actual condition, site photographs of the accident, and notification of the results of the drinking driving control;

1. Previous convictions in judgment: Criminal records and the application of summary order 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 suffered a traffic accident while driving under the influence of alcohol as stated in its reasoning.

Therefore, even though there was no loss of human life, in light of the degree of accident known by photographs, it seems that the defendant's behavior caused a considerable traffic danger.

- The Defendant has been subject to criminal punishment for three times previously, and has relatively recently been subject to criminal punishment for the same kind of crime as stated in its reasoning.

The degree of illegality as so-called so-called so-called “nive driving” is somewhat weak than the general drinking driving.

- At the time of the instant crime, the Defendant’s blood alcohol concentration is not very high.

- the defendant;