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 March 16, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

At around 01:40 on September 19, 2019, the Defendant driven a rocketing car under the influence of alcohol level of about 0.135% in a section of about 70 meters from the Do of Boli-si to the front of the D pharmacy in the same city C.

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 traffic accident report and notification of the results of the control of drinking driving;

1. All 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 is highly necessary to eradicate the drunk driving; the degree of blood alcohol concentration and the driving distance; the occurrence of contact with the 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;