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

On December 29, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on July 11, 2016, respectively.

On July 7, 2020, at around 02:50, the Defendant driven a CK7 car while drunk from a mutually influent restaurant in Seo-gu, Seo-gu to the Daegu Northern-gu B building, and then shocked a vehicle DWz car parked in the above apartment parking lot.

While the Defendant was a parking lot getting off from the said accident after the said accident, the Defendant was required to comply with the alcohol testing method by inserting the body in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the reporting person was driven under the influence of alcohol due to the following: (a) not only the Defendant was the driver of the vehicle in question, but also the Defendant was snicking, gnicking, gnicking, and gnicking; and (b) the body was found to have been driven under the influence of alcohol due to a remote distance.

Nevertheless, the Defendant did not have been driving for about 10 minutes from around 03:23 to 03:32 on the same day, and refused to put the whole in a drinking measuring instrument, and did not comply with a police officer’s request for measurement of drinking alcohol without justifiable grounds.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the statement of the status of a drinking driver, and report on the results of the control of drinking driving;

1. Seven copies of the relevant photographs, each investigation report;

1. Application of the Act and subordinate statutes to a inquiry report and investigation report (Attachment to the same kind of power);

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

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

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

1. An order to probation or attend a lecture under Article 62-2 of the Criminal Act;