A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On November 3, 2008, the Defendant was issued a summary order of KRW 1,500,000 by the Changwon District Court as a crime of violation of the Road Traffic Act. On June 11, 2015, the Changwon District Court issued a summary order of KRW 3,50,000 as a fine for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 5, 2020, the defendant, around 14:55 on July 14, 2020, caused a traffic accident in which the other vehicles are being driven by D Sti-type car from the set distance in front of C in Kimhae-si B.

On July 5, 2020, the defendant was called up after receiving a report of 112 from the driver of the victimized vehicle on July 15, 2020, and was called up, the defendant failed to comply with the alcohol alcohol measurement by the above police officer without justifiable grounds, even though he was required to take the alcohol measurement by inserting approximately 10 minutes of the alcohol measuring instrument three times for the sobreath, because there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the defendant's red-light and face on the non-slided side, and the reaction of drinking during the sobreath of drinking.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (2) of the Road Traffic Act as stated in the pertinent Article of the Act and Article 148-2 (1) of the Road Traffic Act concerning criminal facts and the selection of punishment seems to be a clerical error;

Article 44(1) and (2), Selection of Imprisonment

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

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

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive for committing a crime and circumstances after committing a crime, shall be determined as ordered in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act.

[Unfavorable circumstances] Drinking is a case where a person drives a drinking motor vehicle by affecting his/her physical ability.