A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On January 18, 2012, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Incheon District Court’s Busan District Court’s Branch on January 18, 2012, and a summary order of KRW 2 million as a fine at the Suwon District Court’s same crime on June 20, 2016.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, the Defendant driven a motor vehicle with low alcohol level of 0.142% while under the influence of alcohol on the front of Michuhol-gu Incheon, Michuhol-gu, Incheon, on April 27, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and a copy of each summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;