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 September 28, 2018, the Defendant was issued a summary order of KRW 5,000,000 as a crime of violating the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

On October 5, 2019, at around 23:05, the Defendant driven an E rocketing car in the state of alcohol with approximately 50 kilometers of alcohol content 0.225 percent of alcohol content from around the rest area of the rest area of the 2nd coastal Highway, which is located in the B apartment in Yananan City, the front of the B apartment on the Yancheon-si Road to the front of the rest area of the rest area of the D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the result of the drinking driving control;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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

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

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

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, was subject to punishment for drunk driving in 2018, even though he/she had a record of driving under the influence of alcohol in 2018, driving under the influence of alcohol again for only one year.

The blood alcohol concentration of this case is very high, driving distance is very high, and in light of the regulatory background, it is deemed that the risk was considerably significant.

Although the Defendant was guilty of committing this kind of crime, the Defendant has been punished twice in 2019.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, and the fact that the defendant has no criminal record exceeding the fine, it is judged that the sentence of the defendant's sentence is harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.