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 January 25, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on August 30, 2010, a summary order of KRW 3 million was issued by the Incheon District Court to a fine of KRW 3 million as a crime of violation of the Road Traffic Act.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, around December 15, 2018, at around 01:20, the Defendant driven a CM5 vehicle under the influence of alcohol with approximately 0.142% of alcohol content in the 4km section from the front of Seo-gu Incheon, Incheon to the front of the 20 enterprise bank, Seo-gu, Seo-gu, Incheon to the 77-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (verification of the records of the same kind of crime), including criminal records;

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 (i.e., the fact that the defendant has no record of punishment exceeding the previous fine, and that he/she again commits such crime while breaking his/her mistake in depth, and that he/she would not commit such crime);

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;