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 October 12, 2017, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court.

At around 02:00 on January 18, 2020, the Defendant driven a E-Ud vehicle while under the influence of alcohol leveling 0.121% of alcohol level from the front line of Cju to the front line of D of the same Gun.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes on site photographs;

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, including the fact that it is highly necessary to eradicate the driving of drinking alcohol with the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the driving of drinking alcohol causes a single traffic accident, the degree of blood alcohol level, the defendant's failure to repeat a crime, the age, occupation, criminal records (two times of fines for the same kind), the environment, etc.