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 April 14, 2008, the Defendant was issued a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. in the Hongsung branch of the Daejeon District Court.

On July 25, 2019, at around 01:30, the Defendant driven a Dco-sports cargo vehicle under the influence of alcohol concentration of about 0.085% at a section of about 7 km from the front of the Defendant’s office located in Chungcheongnam-si, Chungcheongnam-si B to the front of C in the same city.

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 various factors of sentencing, including the fact that it is highly necessary to eradicate the proper drinking driving of the reason for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the accident that Defendant’s vehicle falls on the road due to drinking driving, the fact that Defendant’s vehicle does not fall on the road due to his/her drinking driving, the fact that there is no penalty history exceeding the fine, and the age