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 June 9, 2015, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court.

On November 25, 2019, around 18:30 on November 25, 2019, the Defendant driven a E-Ud vehicle while under the influence of alcohol leveling 0.147% of alcohol level to D front roads located in Seocheon-gun C from the Do in Western-gun B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. Photographs;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 account of various factors of sentencing, such as the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate the driving of drinking alcohol, the degree of blood alcohol concentration, the fact that the accused is against himself/herself and does not repeat the crime, and the age, occupation, criminal record, environment, etc. of the accused.