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 May 18, 2007, the Defendant received a summary order of KRW 700,000 from the Changwon District Court for a violation of the Road Traffic Act (driving). On February 27, 2015, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 21, 2019, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, driven D Poter cargo under the influence of alcohol concentration of about 0.097% in a section of about 9km from May 21, 2019 to the road located in the Gyeongnam Development-gun B of the same military area from the roads located in the 01:00 to the 509-5.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and copies of judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has occurred even though the Defendant had been punished for drinking or unlicensed driving twice again, and the instant drinking and unlicensed driving have been committed again, and the accident has occurred even when the Defendant committed the instant drinking and unlicensed driving, and it is necessary to strictly punish the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the instant crime, the fact that there is no criminal record exceeding the fine imposed on the defendant, the fact that the defendant scrapped the vehicle, and the fact that the defendant supports the aged adoptive parent, the conditions of all kinds of sentencing, such as the defendant's age, character and behavior, environment, and motive and circumstance of the crime,