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 January 2, 2019, 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 Daejeon District Court on January 2, 2019.

On November 12, 2019, at around 20:40, the Defendant driven a DNA car with a blood alcohol concentration of about 0.041% while under the influence of alcohol at approximately 500 meters from the front line B to the front line C of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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 various factors of sentencing, including the fact that it is highly necessary to eradicate the proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant has been punished by a fine due to drinking driving, the fact that the defendant does not repeat the crime, and the fact that the defendant does not repeat the crime, and other various factors of sentencing, including the defendant's age, occupation, criminal records (no penalty force