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 April 8, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on April 8, 2016, and on January 10, 2018, the Defendant was sentenced to a suspended sentence of imprisonment for eight months by a crime of violating the Road Traffic Act.

Although the Defendant had been in violation of the provision on prohibition of driving under the influence of alcohol twice or more, on February 1, 2019, at around 22:35, the Defendant driven a Cchip motor vehicle under the influence of alcohol with approximately 0.094% of alcohol level 0.094% in the 3km section from the front of the Incheon Bupyeong-gu Incheon Bupyeong-gu B to the front road of the Food and Drug Administration located in the city of Michuhol-gu, Incheon.

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: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1548, Apr. 2, 201

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

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;