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 December 18, 2007, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court Branch of the Incheon District Court as a crime of violating the Road Traffic Act.

On August 13, 2019, at around 07:45, the Defendant driven a DNA car in the state of alcohol with approximately 2 km alcohol concentration of about 0.105% from the front of the apartment apartment B in Chungcheongnam-gun, Hongsung-gun, Chungcheongnam-gun, to the front intersection of the construction site of the Chungcheongnam-gun, Chungcheongnam-gun, Seoul Metropolitan Government.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, and report on the control of drinking driving;

1. On-site and photographs of accident vehicles;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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 various factors of sentencing, including the reason for sentencing under Article 62-2 of the Criminal Act, the social harm and necessity for eradicating drinking driving, the degree of blood alcohol concentration, the occurrence of traffic accidents due to drinking driving, the time the motor vehicle was driven by drinking, the age, family, criminal record and the environment of the motor vehicle involved;