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 July 23, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on July 23, 201, and a summary order of KRW 5 million as a fine at the Incheon District Court’s District Court’s same crime on November 3, 2016.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more as above, around February 1, 2019, around 23:03, at approximately 100 meters from the front of the Gangseo-gu Seoul Metropolitan Government B Station to the front of the same Gu C, the Defendant driven a DNA low-water vehicle while under the influence of alcohol with a 0.106% alcohol concentration from around 100 meters.

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 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 Road Traffic Act which choose the penalty;

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;