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.

【The Defendant issued a summary order of KRW 2 million for a crime of violating Road Traffic Act at the Seoul Northern District Court on September 9, 2009, and issued a summary order of KRW 1 million for the same crime at the same court on May 10, 2017.

【Inasmuch as Defendant 1 violated Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven C Poter cargo under the influence of alcohol with approximately 0.181% of alcohol concentration in the blood at the section of about 100 meters from the upper 18:50 on September 10, 2018 to the 488-ro of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act had already been punished for driving under drinking on several occasions, and the Defendant had also driven the instant drinking while driving under the influence of drinking, and caused a heavy accident during driving under the influence of drinking.

The necessity of the strict punishment of the defendant is sufficient, so that the defendant will choose the imprisonment for the defendant.

However, there is no history that the defendant has been punished for more than the suspension of execution, and the defendant has returned the cargo vehicle that the defendant has driven to the owner so that the owner is not driving again, and the suspension of execution is declared.

On the other hand, in order to prevent recidivism and maintain a warning, a probationary observation and community service was ordered during the period of suspension of execution. Other conditions of sentencing shown in the records and arguments of this case, including the Defendant’s age, sexual conduct, the background and motive leading up to the instant crime, and the circumstances before and after the instant crime.