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

[criminal history] On August 12, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and a summary order of KRW 4 million for the same crime at the same court on June 10, 2015, respectively.

[Criminal facts] On May 9, 2018, the Defendant driven a DNA cargo vehicle while under influence of 0.246% alcohol concentration in blood on the front of “C” located in Jung-gu Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is that the defendant driven a cargo vehicle under the influence of alcohol 0.246% in blood, and the criminal defendant has been subject to several criminal punishments for the violation of traffic-related Acts and subordinate statutes, including that he/she was punished twice as the same crime even before. The amount of alcohol concentration in blood at the time of this case is considerably higher than 0.246%, and driving of alcohol is highly likely to cause danger and injury to another person's life, body, etc., and thus, it is disadvantageous to the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and it does not cause a traffic accident involving personal and material damage during the driving of drinking, and again, he/she does not drive drinking again.

It is hard to say that it is favorable to the defendant.

The above circumstances and the defendant's age, sex, environment, family relationship, etc.