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 February 16, 2012, the Defendant issued a summary order of a fine of KRW 3 million at the general military court of the first instance of the Army on February 16, 2012, and on February 27, 2019, the Defendant controlled the violation of the Road Traffic Act within the jurisdiction of the Incheon Samsan Police Station as a crime of violation of the Road Traffic Act.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, around March 28, 2019, around 05:00, the Defendant driven the EM6 vehicle under the influence of alcohol with approximately 2km from the 0.129% alcohol concentration from the 2km section from the 05:00, Seo-gu Incheon Seo-gu Incheon apartment to the front road located in the Dong-gu, Incheon Metropolitan City.

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 inquiries, such as criminal records, etc., pre-disposition records, and reporting of results of confirmation 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;