The imprisonment with prison labor for the accused shall be determined by one year and two months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

On January 25, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

At around 14:40 on December 8, 2019, the Defendant driven Dsch Rexroth ES300h motor vehicles in the state of alcohol with approximately 10km alcohol concentration of about 0.207% at a section of about 10km from the Do in front of the C cafeteria in Chungcheongnamnam, to the wooden intersection in the budget-gun C Do.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

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. On-site photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime 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 the following factors: the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate the drunk driving; the blood alcohol concentration is highly high; the fact that the person was punished by a fine due to drunk driving at the time of the lapse of the year 2017; and other various factors of sentencing, including the Defendant’s age, occupation, criminal record and the environment;