A defendant shall be punished by imprisonment for one year.

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 September 22, 2011, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch on September 22, 201, and the said summary order was finalized on October 12 of the same year. On December 24, 2015, the Incheon District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 24, 2015, and on January 15, 2016, the Defendant was a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions, including the said summary order finalized.

On August 7, 2019, at around 23:45, the Defendant driven a fenz car in the state of alcohol alcohol 0.242% while under the influence of alcohol, from the front of the subway Station C Station adjacent to the subway Station in Yeongdeungpo-gu Seoul Metropolitan Government to the first underground parking lot in Yeonsu-gu Incheon Metropolitan E-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of copies of summary order);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectability, previous records of driving under influence prior to about four years, absence of any record exceeding a fine, support for wife and child, etc.);

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

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;