A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On December 29, 2011, the Defendant received a summary order of KRW 1,500,000 from the Cheongju District Court for the violation of the Road Traffic Act.

Around 15:56 of April 22, 2020, the Defendant was required to comply with a drinking test by inserting the breath from E during a drinking measuring instrument while under the influence of alcohol, such as the Defendant was under the influence of alcohol on the front roads of Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, and the Defendant was under the influence of alcohol, such as in-depth and inaccurateness at the time, and failure to walk without a clear distance and proper walking, and thus, he was required to comply with the demand of a police officer for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, field photographs of control details, and investigation report (an investigation intoF);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (report on attachment of the same kind of power), and summary orders;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act that has no history of criminal punishment heavier than that of the previous and the fine, and that the defendant lives conscientiously without reoffending in the future);