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 December 15, 2017, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch on December 15, 2017. On March 24, 2019, the Defendant controlled the violation of the Road Traffic Act (driving) within the Incheon Central Police Station.

On April 12, 2019, at around 21:11, the Defendant driven D-Wz’s car in the state of alcohol alcohol concentration of about 0.056% from a 700-meter section from the front day of the restaurant to the roads of the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

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 of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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 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;