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 May 3, 2016, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Changwon District Court.

On October 27, 2019, at around 00:13, the Defendant driven a B SP car under the influence of alcohol with approximately 0.05 km alcohol concentration of about 0.5 km from the front of a restaurant where the trade name in the location of Kim Jong-si is unknown, to the road front of the base of the cafeteria and around 1.5km in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and response to requests for appraisal;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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 punishment shall be determined by comprehensively taking into account various factors of sentencing, including the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drinking alcohol, the degree of blood alcohol concentration, the background of the crime and the circumstances after the crime, and the age, occupation, criminal records (one time of a fine for the same kind, no more than a suspended sentence), and the environment;