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 October 17, 2011, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch.

On December 20, 2019, at around 23:45, the Defendant driven a e-line car under the influence of alcohol content of about 0.119% in the section of approximately 1km from the front of the main point where it is impossible to identify the trade name near the Cmaart located in Hong-gun, Chungcheongnam-gun.

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. Each report on actual condition survey and notification of the control of drinking driving;

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 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 the following factors: the fact that the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving, the degree of blood alcohol concentration, the occurrence of traffic accidents due to drunk driving, the fact that the defendant does not repeat a crime, and other various factors of sentencing, including the defendant's age, family, occupation, criminal record and the environment;