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 November 13, 2014, 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.

On April 15, 2020, at around 22:07, the Defendant driven a Fclur vehicle in the state of alcohol alcohol concentration of about 0.085% at a distance of about 37 meters from the front day of the restaurant C in Western-gun B to the front day of the E in the same Gun D.

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 of a traffic accident;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation 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 various factors of sentencing, including the fact that it is highly necessary to eradicate the proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the occurrence of traffic accidents due to drinking driving, the fact that the defendant is against himself/herself and does not repeat the crime, and the age, occupation, criminal records (not less than twice a fine of the same kind, and not less than a suspended sentence of imprisonment) and the environment.