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 August 10, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on June 14, 2017, the Defendant was sentenced to a suspended sentence of KRW 1 million for four months by the same court.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more as above, on May 29, 2019, the Defendant driven a Bgrod vehicle while under the influence of alcohol at a level of 0.09% alcohol level on the front of the 208, Jung-gu, Incheon, Jung-gu, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (report on criminal records of a suspect) 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 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1548, Apr. 2, 201

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;