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

On December 31, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act, etc. in the Jeonju District Court’s military mountain support on December 31, 2014.

On July 2, 2020, the Defendant: (a) around 1:23, 2020, while driving a D G70 vehicle from around 2.4 km to the front of C on the roads of the Gunsan City, the Defendant was in the influence of alcohol, and there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as smelling, smelling with a very red blood color on the face and driving a bream, etc.; (b) was requested from around 1:23 to around 1:44, the Defendant was in compliance with a drinking test by inserting the respiratory while driving the D G70 vehicle from around 2.4 km to the front of C, but did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Detection report (Refusal of measurement), internal investigation report, investigation report (report on the situation of an employer-invested driver), and next time;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports, investigation reports, and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than two years but not more than five years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.