A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Incheon District Court on April 201. On December 5, 201, the Defendant issued a summary order of two million won for a crime of violation of the Road Traffic Act in the same court on December 5, 201. On August 2, 2007, the same court issued a summary order of one million won for a crime of violation of the Road Traffic Act.

Criminal facts

On May 31, 2020, at around 01:25, the Defendant driven the Esch Rex sports cargo vehicle under the influence of alcohol concentration of about 0.124% in the section of about 100 meters from the front road of Michuhol-gu Incheon to the front road of the same Gu.

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. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, Articles 53 and 55(1)3 of the Criminal Act of discretionary mitigation (see, e.g., the details and circumstances of the instant crime, blood alcohol concentration, Defendant’s criminal records, etc.);

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

1. Probation and community service order under Article 62-2 of the Criminal Act;