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 July 30, 2008, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

At around 00:40 on May 4, 2020, the Defendant driven a Enish-do car with a blood alcohol concentration of about 0.127% in the section of approximately 1km from the front day of the C in Bo-si B to Droterari.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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 various factors of sentencing, including the fact that it is highly necessary to eradicate the driving of drinking alcohol with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that a single traffic accident is caused by a drunk driving, the defendant's age, family (three children including elementary school students), the occupation of the defendant (one same kind of fine, one time a heavier punishment than a suspended sentence), his/her previous offense, and the environment;