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 August 20, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

On December 13, 2019, at around 00:47, the Defendant driven CW125 Obaba while under the influence of alcohol with approximately 0.136% of alcohol level 0.136% in the 3km section from the front of the restaurant where it is impossible to know the trade name in the red school of Hongsung-gun, Hongsung-gun, Hongsung-gun.

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. Notification of a survey report on actual condition and the control of drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of a summary order under statutes of one copy of the summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act; the degree of blood alcohol concentration; the fact that the accused does not repeat a crime; the fact that the driven vehicle is erroneous and boom; and other various factors of sentencing, including the age, family, occupation, criminal record and the environment of the accused;