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

[criminal power] On February 12, 2008, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on December 1, 2014, respectively.

【Criminal Facts】

At around 04:20 on June 3, 2020, the Defendant driven an E-5 vehicle while under the influence of alcohol of about 0.120% of alcohol concentration from approximately 500 meters in the section of Yeonsu-gu Incheon, Incheon to the roads of Yeonsu-gu C and Diplomatic Association.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records before judgment: Application of inquiry reports and investigation reports (verification of the same kind of power and attachment of summary orders), including criminal records, etc.;

1. Relevant provisions of the Act on Criminal Facts, 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, the criminal records of the defendant, etc.];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the accused has no previous record of exceeding the fine, and that he/she is willing not to drive under the influence of alcohol again after reflecting his/her mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;