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 July 22, 2016, the Defendant was issued a summary order of KRW 3 million at the Incheon District Court’s Busan District Court’s Branch on the ground that he/she committed a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3 million at the Incheon District Court’s District Court on May 28, 2019 on the ground that he/she committed a crime of violation of the Road Traffic Act (driving).

Although the Defendant had been in violation of the provision on prohibition of driving under the influence of alcohol twice or more, on May 15, 2019, at around 00:15, the Defendant driven an Eystren vehicle under the influence of alcohol with a blood alcohol concentration of 0.093% from the front path of the C High School located in Michuhol-gu Incheon, Incheon to the front path of the Michuhol-gu, Michuhol-gu, Incheon, to approximately 800 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of a copy of criminal records and summary order;

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 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;