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

On November 28, 2007, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution with respect to the crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

On February 13, 2020, the Defendant driven a B-hand car under the influence of alcohol content of about 0.175% at the distance of about 10 km from the 35-14th budget terminal to the 35-14th budget terminal to the 19.2km to the 19.2km of the highway located in the Chungcheongnam-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and report on traffic accidents;

1. An accident site photograph;

1. Previous convictions in judgment: Criminal history records, references, "related written judgments, and application of Acts and subordinate statutes";

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that it is highly necessary to eradicate the reasons for sentencing in Article 62-2 of the Criminal Act to take lectures and community service orders, the fact that the defendant has a high blood alcohol concentration, the fact that the defendant has long been sentenced to a suspended sentence of imprisonment with labor for a traffic accident while drunk driving, and other various factors for sentencing, including the defendant's age, family, occupation, and environment, shall be determined by comprehensively taking into account the factors for sentencing;