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 24, 2014, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court, and on April 30, 2018, the Busan District Court issued a summary order of KRW 3 million for the same crime.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, the Defendant driven a sports car in the state of alcohol in the state of alcohol alcohol 0.098% under the influence of alcohol in approximately 3km from the 09:20 on January 31, 2019 to the roads of the Gannam-dong, Incheon, Gyeyang-gu to the Canju’s station located in the same Gu B.

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 convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

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)

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;