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.

Criminal facts

On January 10, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court, and on May 1, 2017, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, around 00:38, on November 11, 2019, the Defendant driven a D Ecoo motor vehicle under the influence of alcohol with approximately 3km from the front side of the Namdong-gu Incheon Metropolitan City B to the second underground parking lot of the Incheon Namdong-gu, Incheon Metropolitan City, with a blood alcohol concentration of 0.117%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of a suspect);

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 (Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) has no record of punishment exceeding a fine since 2013, and considering the fact that the defendant reflect

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;