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

[criminal power] On October 27, 2006, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 4, 2009, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on December 4, 2009, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the same court on May 14, 2010, respectively.

【Criminal Facts】

On September 19, 2014, at around 23:37, the Defendant driven C Poter Cargo Vehicles with a blood alcohol concentration of 0.174% from the 1km section from the front side of the Geongdong-dong, Seoul, to the front side of 152-19, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of inquiry, inquiry, investigation report, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

The reason for sentencing is a dangerous crime that threatens a large number of unspecified people's lives and property as well as himself/herself, and the responsibility for the crime is very serious, the defendant is not aware of having been punished several times due to the violation of drinking driving (three times) and driving the cargo in the state of drinking under the influence of 0.174% at the same time, so it is inevitable to punish him/her accordingly. Although the defendant has been punished several times due to the same criminal records, he/she has the record of being punished several times due to the same kind of punishment but there is no record of punishment higher than the suspended sentence, the defendant's age, criminal records, health, family relationship, the circumstances after the crime, etc.