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 May 27, 2014, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a violation of the Road Traffic Act.

On September 17, 2019, at around 20:10, the Defendant driven a FNAS car under the influence of alcohol with approximately 0.075% alcohol concentration at the section of about 1km from the Do in front of the C cafeteria in Hongsung-gun, Chungcheongnam-gun, to the roads in front of the E-Party in 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. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of 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 account of the following factors: the reason for sentencing under Article 62-2 of the Criminal Act; the need for social harm and eradicating of drunk driving; the degree of blood alcohol concentration in the instant case; the Defendant’s failure to repeat the instant case; and the Defendant’s age, criminal record, and environment;