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 June 1, 2010, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on June 1, 2010, and on December 12, 2012, the same court was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving), and on June 12, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving).

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, at around 10:39 on May 19, 2019, the Defendant driven C rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.160% from the 1km section to the front road of the Michuhol-gu Incheon Metropolitan City (U.S.) around 10:39 on May 19, 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 before ruling: Application of inquiry records, such as criminal records, investigation reports (report accompanied by a written judgment and summary order);

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 (i.e., the fact that the defendant has no particular criminal record since 2015, and that he/she again takes account of his/her intention not to commit such crime while breaking his/her mistake in depth);

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;