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 March 9, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act (driving) at the Incheon District Court, a fine of KRW 2 million by the same court on August 3, 2012, and a fine of KRW 2 million by the same court on June 30, 201, respectively.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, on May 10, 2019, at around 07:24: (a) around May 10, 2019, the Defendant driven a car in B column from the 3km section at approximately 3km from the roads near the Arts Center located in the Namdong-gu Incheon Metropolitan City, Seodong-gu, Incheon to the literature stadium Station Intersection 2 located in the art of Yeonsu-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: 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., 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 concerning probation, community service or order to attend lectures;