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 October 19, 2006, the Defendant issued a summary order of KRW 4 million by a fine of KRW 2 million by a violation of the Road Traffic Act (driving) at the Incheon District Court on October 19, 2006, and on February 2, 2007, a summary order of KRW 3 million by a fine of KRW 3 million by a violation of the Road Traffic Act (driving). On June 14, 2013, the same court was sentenced to a fine of KRW 7 million by the same court on June 14, 2013.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, on March 30, 2019, at around 17:08, the Defendant driven the EM5 vehicle under the influence of alcohol at approximately 0.194% of alcohol level from the frontway of the C Funeral Home in Dong-gu Incheon Metropolitan City to the frontway of the Michuhol-gu Incheon Metropolitan City, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

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

1. Previous convictions in judgment: Criminal records, copies of summary orders, and application of statutes governing judgment;

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 (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (including the fact that the defendant has no record of

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;