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 September 12, 2014, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Hongsung branch.

On June 13, 2020, at around 18:37, the Defendant driven a fluent car at approximately 1 km section from the front Do in the Chungcheongnam-gun, Hongsung-gun, to the front road in D, while under the influence of alcohol by 0.10% of blood alcohol concentration.

Summary of Evidence

1. Previous records of a defendant's legal statement, his/her statement, control of drinking driving, etc.: Application of three copies of the criminal history records, the written summary order, etc.;

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 the driving of drinking alcohol, the degree of blood alcohol concentration, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, the age, occupation, health status, criminal records (three times of fines for the same kind), and the environment of the defendant;