A defendant shall be punished by imprisonment for one year.

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 19, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Incheon District Court’s Busan District Court’s Branch Branch on July 19, 201, and a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of the Road Traffic Act.

Although the Defendant was in violation of the provision on the prohibition of driving under the influence of alcohol, at around 21:58 on December 7, 2019, the Defendant driven a DNA car under the influence of alcohol with approximately 4km from the Defendant’s house located in the Southern-gu Incheon Metropolitan City, Seoul, to the front road of the Namdong-gu, Incheon, to KRW 0.172% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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)

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;