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 October 1, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of the Road Traffic Act in the Daejeon District Court's Hongsung Branch on October 1, 2015.

On May 8, 2020, at around 21:20, the Defendant driven a two-wheeled vehicle under the influence of alcohol of about 0.216% of alcohol concentration at the 4km section from the Do in front of the Do in Seocheon-gun, Seocheon-gun, Chungcheongnam-do to the roads in front of the Do in the same Eupnsanbuk-do Public Security Center.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on actual condition of blood collection, and a response to a report on the results of appraisal on blood collection;

1. Previous records of judgment: Application of criminal records, repeated statements, and 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 the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drunk driving, the fact that blood alcohol level is high, the fact that a single traffic accident occurs due to a drunk driving, the fact that the vehicle driven is the ozone driver, the age, occupation, criminal records, the environment, etc. of the accused;