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 November 14, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on May 3, 2010, a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court, respectively, and on June 7, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the Incheon District Court.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, at around 08:20 on May 11, 2019, the Defendant driven a DNA A4 car under the influence of alcohol with a blood alcohol concentration of 0.09% from the entrance of the Bupyeong-gu Incheon Bupyeong-gu B apartment on around 500 meters to the front day of the said apartment C-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and 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., that the distance from driving a motor vehicle while under the influence of alcohol at the time of the instant case is not relatively short, and that the motor vehicle would not commit such a crime again while breaking his/her mistake in depth);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act concerning probation, community service or order to attend lectures;