However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On August 30, 2016, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act, and on November 18, 2016, the Defendant was sentenced to a suspended sentence of three years on November 26, 2016, for a crime of violation of the Road Traffic Act (driving) in the Incheon District Court Branch of the Daejeon District Court on November 18, 2016.

피고인은 2020. 2. 22. 05:23경 천안시 두정동 명칭 미상의 공원 앞 도로에서 아산시 배방읍 고속철대로 147 장재리 이마트 트레이더스 사거리까지 약 7km 구간에서 혈중알콜농도 0.071%의 술에 취한 상태로 B 켑티바 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A copy of investigation report (report on the circumstances of a drinking driver) and notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Social service order under Article 62-2 of the Criminal Act;