A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

[Criminal Power] On June 5, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act by the Daegu District Court.

【Criminal Facts】

On April 25, 2020, at around 21:55, the Defendant got a traffic accident while driving CM7 vehicle while drinking alcohol on the road at the entrance of B at the Gyeonggi-do border. On April 25, 2020, the Defendant received 112 reports, and requested the Defendant to comply with the measurement of alcohol by inserting it into a drinking measuring instrument three minutes in total for about ten minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, red, and routing.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without a justifiable reason by avoiding "her having been driving."

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, investigation report (report on the situation of his/her driver), notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, investigation report (related to refusal to measure drinking), the driver's license ledger, and the making inquiry into the vehicle;

1. Previous convictions in judgment: Application of criminal records and investigation reports (report on confirmation of the same criminal records as a suspect, and summary order);

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

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.