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 11, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court Hongsung Branch on April 11, 2017.

At around 03:50 on March 17, 2020, the Defendant driven a fenz C220d car under the influence of alcohol concentration of 0.129% in the 2km section from C frontway to E frontway located in Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order 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 the following factors: the fact that the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving, the degree of blood alcohol concentration, the fact that a traffic accident is caused due to drunk driving, the fact that the defendant has committed an offense against himself/herself and has not committed an offense; and other various factors of sentencing, including the defendant's age, family, occupation, criminal record (three times the fine of the same kind),