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 December 18, 2018, the Defendant issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 18, 2018, and on April 22, 2019, the Defendant controlled it as the same crime within the jurisdiction of the Incheon Bupyeong Police Station.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, around May 31, 2019, at around 04:35, the Defendant driven a D-hurd-hurd car with a blood alcohol concentration of about 0.098% under the influence of alcohol level 0.098% from the 4km section of around May 31, 2019 to the front road located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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) (including the fact that the defendant has no record of

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;