A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 26, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Central District Court on July 26, 2016, and a fine of KRW 4 million for the same crime at the same court on September 12, 2016.

The Defendant driven under the influence of alcohol on July 28, 2020, while under the influence of alcohol at the intersection near Gwangju-si, Gwangju-si, by driving CTS124 ABS Ora on the same day on the same day when he was driven on the road due to an unforeseen cause, on July 28, 2020, after receiving a report on around 02:05, and on the background leading up to the D District Unit belonging to the Gyeonggi Police Station D in Gwangju-si, the Defendant’s face from police officer E, with red, hicking, and hicking alcohol reaction through a drinking reduction.

In spite of the demand for the measurement of alcohol due to considerable reasons, there is a yellow disorder.

In the same day, the H Hospital emergency room located in G in Gwangju-si is required to take a alcohol test twice on the same day, but the body refuses to take a alcohol test on two occasions without any justifiable reason and refuses to comply with a police officer’s request for a alcohol test without justifiable grounds.

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

Summary of Evidence

1. Previous records shown by Defendant’s legal statement of a traffic accident report, report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, field map, notification of the results of crackdown on drinking driving, a copy of the situation report of the driver under the influence of alcohol, a copy of the register using a drinking measuring instrument, vehicle driver’s license register, vehicle-related inquiry, mandatory insurance inquiry, and CCTV image screen: A response to inquiry, such as criminal history, and application of a summary order;

1. Relevant provisions of the Act and Articles 148-2 (1), 44 (1) and 44 (2) (or choice of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act.