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 8, 2012, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court's Hongsung branch.

At around 16:40 on July 24, 2020, the Defendant driven a Fran vehicle under the influence of alcohol level of about 0.061% in a section of about 50 meters from the front to the front of E in the same city D.

Summary of Evidence

1. For previous records on a defendant's legal statement, traffic accident investigation report, or judgment of notice on the result of the influence of drinking driving control: Application of criminal records, etc. and investigation reports (attached to the same kind of similar thereto 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 is highly necessary to eradicate the drunk driving; the degree of blood alcohol concentration; the fact that a traffic accident is caused by a drunk driving; the fact that the defendant is against himself/herself and does not repeat a crime; and other various factors of sentencing, including the age, occupation, family, criminal record and the environment of the