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 October 30, 2009, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 1.5 million for the same crime at the Incheon District Court on September 23, 2015.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, on May 29, 2019, the Defendant driven a Dhive-p motor vehicle from around 3 km to the roads located in Michuhol-gu Incheon Metropolitan City, Yeonsu-gu, Yeonsu-gu, Incheon, under the influence of alcohol level of 0.174%, at around 06:31 on May 29, 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 of judgment: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of power);

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;