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 September 17, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on August 25, 2010.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, around December 12, 2018, at around 19:50 of December 12, 2018, the Defendant driven a Calop vehicle under the influence of alcohol level of approximately 0.090% in a section of about 3km from the front side of the Dong-gu Incheon Metropolitan City B apartment site to the front side of the Seo-gu Cheongnam-dong Office located in Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (attached to summary orders related to the same kind of power of a suspect);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no record of punishment exceeding the previous fine, and that he/she again commits such crime while breaking his/her mistake in depth, and that he/she would not commit such crime);

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;