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

On October 11, 2010, the Defendant received a fine of two million won for the crime of violation of the Road Traffic Act (driving) from the Incheon District Court, and a fine of three million won for the same crime in the same court on October 10, 2013, respectively. On November 4, 2015, the Defendant was sentenced to imprisonment of eight months for the same crime, suspension of execution, and 40 hours for the attending order for compliance driving.

At around 20:50 on December 17, 2019, the Defendant driven D SM5 car under the influence of alcohol, which is 0.137% of blood alcohol concentration, on the front of the road located in Bupyeong-gu Incheon Bupyeong-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records and other inquiry reports, confirmation of criminal records of the same kind of suspect, and application of statutes on written judgments;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the circumstances, etc. against which an error is reflected);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Probation and order to provide community service and attend lectures under Article 62-2 of the Criminal Act (the purpose of helping prevent recidivism and return to society in consideration of the three-time records, etc. of sound driving);