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

[Criminal Power] On November 26, 2008, the Defendant was sentenced to a suspended sentence of 8 months with imprisonment for a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch, etc. on August 26, 2008, and on December 7, 2011, the Incheon District Court issued a summary order of 3.5 million won with a fine of 3.5 million won due to a violation of the Road Traffic Act.

【Criminal Facts】

On March 21, 2020, at around 2:45, the Defendant driven a D Eccoo vehicle with approximately 100 meters alcohol concentration of approximately 0.199% under the influence of alcohol from around 100 meters from the Nam-gu Incheon Metropolitan City to the front road of Incheon Dong-gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

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

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, circumstances after the crime, criminal records, etc.];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the distance of driving is not a relatively long range, the fact that one’s mistake is against his/her own mistake and that he/she is willing not to drive under the influence of alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;