A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Power of crime] On February 16, 2010, the Defendant was issued a fine of KRW 5 million by the Incheon District Court due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger), etc., and on June 28, 2018, the same court issued a fine of KRW 2.5 million due to a crime of violation of the Road Traffic Act (driving).

[2] Although Defendant 1 had been able to violate the prohibition of driving under the influence of alcohol twice as above, Defendant 2 driven a C low-speed car at around October 12, 2018 at around 00:03, the front side of the People Bank of Mung-dong, Incheon National Bank of Mung-dong, Incheon, and at around 63, as the same time, from around 50 meters away from the section of approximately 50m alcohol level to the front side of the restaurant “Mung-dong, Manan” as above, while under the influence of alcohol level of about 0.087%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Normal circumstances such as the provision of Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of a small quantity (i.e., the reflective fact, the absence of a criminal record of imprisonment without prison labor or heavier punishment, and the blood alcohol concentration in the blood is relatively high);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;