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 December 10, 2008, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

On May 10, 2020, the Defendant driven C Poter Cargo Vehicles with the blood alcohol concentration of about 0.048% from the front parking lot of the restaurant located in Bocheon-si B to the front of the restaurant.

Summary of Evidence

1. For the accused's legal statement, the notice of results of the drinking driving control, the investigation report (related to the mark), and the previous records indicated in an investigation report (Calculation of blood alcohol concentration): The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of sound records);

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 proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the place and distance of driving, the fact that the accused has committed an offense against himself/herself and has not committed an offense, and the age, occupation, family, criminal records (three times of fines for the same kind), and environment.