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 April 8, 2010, the Defendant was issued a summary order of 700,000 won for a fine for violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

At around 17:30 on March 18, 2020, the Defendant driven a car by E in approximately 2 km from the parking lot C located in Chungcheongnam-gun Hong-gun, Hongsung-gun, under the influence of alcohol by 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the result of the drinking driving control;

1. On-site photographs;

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 fact that a single traffic accident occurs due to drinking driving and leaving the site, the fact that the defendant does not repeat a crime, and the fact that the defendant does not repeat a crime, and other various factors of sentencing, including the defendant's age, occupation, criminal records