A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

[criminal power] On March 24, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on June 8, 2015, respectively.

【Criminal Facts】

On April 13, 2019, the Defendant, while under the influence of alcohol of 0.089% from blood alcohol level around 06:10 on the roads of Michuhol-gu Incheon, Michuhol-gu, Incheon, the Defendant driven C’s car at a section of about 3 km from the front to the front road of the bridge distance, located in 164, Jung-gu, Jung-gu.

Accordingly, although the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he was driving a vehicle under the influence of re-driving despite the fact that he had been punished.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order related to the same kind of power of a suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that

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