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 3, 2010, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million from the Incheon District Court for the same crime on November 21, 2017.

On May 8, 2019, at around 01:54, the Defendant driven Crostex knife under the influence of alcohol concentration of 0.1229% on the front of Bupyeong-gu Incheon, Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

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;