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

On July 5, 2012, the Defendant issued a summary order of KRW 4 million at the Gwangju District Court on July 5, 2012 as a fine of KRW 4 million for a crime of violation of the Road Traffic Act, and the same court on June 10, 2013 as a fine of KRW 5 million for a crime of violation of the Road Traffic Act. On July 28, 2015, the same court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.

Around 03:20 on June 28, 2020, the Defendant was driving a Dgro vehicle in approximately 2 km section from the front side of Gwangju Northern apartment to the front side of the same Gu C apartment, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking a large amount of drinking in the Defendant’s entrance, drinking, red-lighting on the face, and a rain-distance, etc., while driving a Dgro vehicle in the approximately 2km section from the front side of Gwangjubuk-gu B apartment road to the front side of the same Gu C apartment. Accordingly, the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, even though the Defendant was requested to take a alcohol level five times in total from that time until 03:50 on the same day, and was demanded to take a alcohol level by means of a large amount of drinking.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she was punished three times by drinking alcohol.