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

On November 24, 2009, the Defendant received a summary order of 2,500,000 won of a fine for a violation of the Road Traffic Act from the father branch of the Incheon District Court on November 24, 2009, and a summary order of 1,50,000 won of a fine from the same court on August 29, 2007.

On March 23, 2019, at around 14:46, the Defendant driven a d-wing truck with D-wing truck with approximately 4km alcohol concentration 0.068% under the influence of alcohol, from the road before the Southern Sea to the front road of the Cri-distance.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

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. The sentencing of Article 62(1) of the Criminal Act, based on the following factors: the criminal records of the defendant, the interval between the period of the immediately preceding drunk driving force, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, the occurrence of the accident, the driving distance of the defendant, the reflectivity of the defendant, family relations, etc., and the various sentencing conditions specified in the records and arguments, shall