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 November 23, 2006, the Defendant was issued a summary order of KRW 2 million for a fine for the violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch on November 23, 2006.

On December 7, 2019, at around 02:56, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.144% in a section of about 1km from the Do in front of the C Burial in Chungcheongnam-gun B to the front of D.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: The application of criminal records, reply reports, and copies of indictments to 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 occurrence of traffic accidents due to drunk driving, the fact that the defendant does not repeat a crime, and other various factors of sentencing, including the defendant's age, family, health, environment, etc.