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 June 17, 2009, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on June 17, 2009, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 6, 2017.

Although the Defendant had any record of violating the prohibition of driving under the influence of alcohol, around 12:09 on August 1, 2019, the Defendant driven DCA 110B Ob, under the influence of alcohol with approximately 0.033% of alcohol alcohol concentration, from around 3km section from the roads adjacent to the Incheon Bupyeong-gu, to the Gibrogate distance of about 88 of the same Gu so far.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to a summary order of the same kind of power), including criminal records;

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) (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;