Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On August 1, 2016, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law at the Gunsan Branch of the Jeonju District Court on August 1, 2016, as well as three times in total.

[2] On June 8, 2020, the Defendant driven a D-wing and III truck on the front side of the road located in B at the time of drinking on June 22:40, 2020, while driving the Defendant under the influence of alcohol, such as smelling and smelling red on the face of the Defendant, reducing drinking while drinking.

Even though there are reasonable grounds to recognize it, the F of the E Department of the Innish Police Station requested to comply with the measurement of drinking by inserting the measuring instrument into the measuring instrument for drinking, it is possible to refuse the measurement of drinking from the above time to 23:15 on the same day.

“A police officer did not comply with a request for alcohol testing by a police officer.”

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the circumstances of the driver's license in the main place (report on the situation of the driver's license in the main place);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution of Punishment of Specific Crimes and Article 148-2(1) and Article 44(2) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); Article 53 and Article 55(1)3 of the Criminal Act (wholly favorable to the defendant among the reasons for sentencing) are as follows: (a) the punishment of this case was imposed by a fine for the same kind of crime in around 2016; (b) the attitude, age, sex, environment, criminal records ( relatively previous years of imprisonment with prison labor for non-licensed driving; (c) the period of driving, drinking distance, and the circumstances after the crime.