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 15, 2015, the Defendant received a summary order of a fine of five million won or more for a violation of the Road Traffic Act from the Daejeon District Court Hongsung Branch on the charge of violating the Road Traffic Act.

around 21:40 on October 8, 2020, the Defendant driven an E QM5 car from around 100 meters away from the roads in front of Hongsung-gun, Hongsung-gun, under the influence of alcohol by 0.159% of blood alcohol concentration.

Summary of Evidence

1. For previous records on the ruling of the defendant's legal statement, survey report on the actual condition of his/her statement, and on-site photographs as a result of the control of drinking driving: Application of criminal records, inquiry reports, and 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 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 degree of blood alcohol concentration; the fact that the defendant has contacted with the drunk driving; the fact that the defendant has committed an offense against himself/herself and has not committed an offense; and other various factors of sentencing, including the defendant's age, occupation, family, criminal records (three times of fines for the same kind);