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 February 11, 2019, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act, from the Daejeon District Court Hongsung Branch.

On October 10, 2020, the Defendant driven an Estren vehicle under the influence of alcohol with 0.073% alcohol level in the section of about 3 km from the vicinity of the C Manpower Office in Boan City, 09:28 to the front of D original studio in the same city.

Summary of Evidence

1. Previous records of a defendant's legal statement, his/her statement, control results of drinking driving, etc.: Application of Acts and subordinate statutes to criminal history records, investigation reports (attached to the same criminal records and summary orders);

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, and other various factors for sentencing, such as the age, occupation, family, health, criminal record and the environment of the defendant;