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 26, 2017, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court on December 26, 2017.

On September 8, 2019, at around 04:53, the Defendant driven a dial vehicle under the influence of alcohol with approximately 10km alcohol concentration of about 0.132% at a section of about 10km from the front of the restaurant where it is impossible to know the trade name in the Asan City B, the Defendant driven a dial vehicle from the front of the restaurant where it is impossible to identify.

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 results of the drinking driving control, and a written appraisal of blood alcohol;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires a great need to eradicate drinking driving with the reason of sentencing, the degree of blood alcohol concentration in the instant case, the fact that the Defendant does not repeat the crime, and other factors of sentencing, including the Defendant’s age, occupation, criminal record, environment, etc., shall be determined by comprehensively taking account of various factors of sentencing.