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

[Criminal Records] On July 12, 2007, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act (dacting driving) at the Busan District Court.

[2] On October 18, 2020, the Defendant: (a) around October 18, 2020, at around 01:34, operated approximately 1.8 km from the vicinity of the brick gate of Nam-gu Incheon Metropolitan City, Incheon Metropolitan City to the front road of the same Gu B apartment of the same Gu; (b) while under the influence of alcohol at least 0.182% during blood, and violated the provision prohibiting the driving of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and photograph of regulating driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, one copy of the same judgment, and other statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Crimes of which the sentencing criteria are not set for each judgment on the scope of recommended sentences according to the sentencing criteria;

3. The Defendant’s instant crime of this case, which was sentenced to punishment for driving alcohol, is deemed to have driven a car under the influence of alcohol 0.182% while under the influence of alcohol even though the Defendant had been under the influence of punishment for driving alcohol, and the criminal liability in light of the substance of the crime is heavy, and the Defendant’s blood alcohol concentration was considerably high, and thus, is deemed to be disadvantageous to the Defendant.

However, the defendant's confession of the crime of this case reflects his wrongness, and the same records of the defendant have been prior to a relatively long period of time, and the defendant's age, sexual conduct, environment, and motive for the crime.