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 23, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On December 5, 2019, at around 15:40, the Defendant driven an E-Poter Cargo II while under the influence of alcohol content of about 0.041% at the 2km section from the Do in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads in front of the Datte located in the same Gun C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

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, such as the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drunk driving, the degree of blood alcohol concentration, the fact that the defendant does not repeat a crime, and the age, occupation, family, criminal record, environment, social ties, etc. of the defendant;