The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 18, 2006, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 4.5 million for a violation of the Road Traffic Act in the same court on August 1, 2007.

On June 3, 2019, at around 22:05, the Defendant driven a e-learning car from around 3 km to the roads adjacent to the same Gu D Apartment, in the state of under the influence of alcohol of 0.173% of blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018) that provides for the pertinent provision on criminal facts and for the selection of punishment for a crime [Article 148-2 (1) 1 and Article 44 (1) of the same Act]

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution [The grounds for discretionary mitigation and the fact that there is no past record of sentence of imprisonment imposed];

1. Order to attend lectures under Article 62-2 of the Criminal Act;