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 29, 2013, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

At around 17:20 on March 20, 2020, the Defendant driven a ESCORT 110 Orala in a section of about 730 meters from the front day of the culp in Boli-si B and the front day of Boli-si, under the influence of alcohol level of 0.248%.

Summary of Evidence

1. Previous records before a defendant's legal statement, traffic accident, actual condition investigation report, blood alcohol appraisal report, etc.: The criminal records, inquiry records, and application of two copies of the judgment to the court records;

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. Probation and lecture attendance order Article 62-2 of the Criminal Act requires the elimination of the reasons for sentencing, the high blood alcohol level, the defendant's resistance and not repeating the crime, the defendant has been punished several times, including a suspended sentence of imprisonment for two times due to drinking driving, and there is a risk of repeating the crime. The defendant has been punished more than six years after the last suspended sentence was sentenced, the defendant's driving is small sub-soil, and the defendant's age, occupation, family, environment, etc. are determined by comprehensively taking account of various sentencing factors, including age, occupation, and environment.