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.

Punishment of the crime

On July 31, 2009, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Busan District Court’s Busan Branch Branch on July 31, 2009. On June 3, 2016, the Defendant issued a summary order of one million won of a fine for the same crime at the Seosan Branch of the Daejeon District Court on June 3, 2016. A person who violated Article 44(1) of the Road Traffic Act at least twice.

On March 16, 2019, at around 00:13, the Defendant driven a motor vehicle under the influence of alcohol 0.140% in a section of about 300 meters from the front of the “C cafeteria” in Yeonsu-gu Incheon Metropolitan City, to the front of the same Gu D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of request for appraisal and a report on the detection of a host driver;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (report accompanied by a copy of a summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;