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 December 17, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court.

On March 5, 2020, at around 03:02, the Defendant driven a Da QM3 car while under the influence of alcohol concentration of about 0.098% in the 10km section from the front day of the Ccafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the budget license examination distance located in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, repeated statements, and application of related summary order 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, such as the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drunk driving, the degree of blood alcohol concentration, the fact that the defendant does not repeat a crime, the defendant's age, occupation, criminal records (not only once the same kind of fine, but also the same criminal records), and the environment;