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 December 29, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch branch, and on March 22, 2017, a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Yeongdeungpo Branch Support of the Daegu District Court's Young-gu District Court.

On October 8, 2020, the Defendant driven a motor vehicle in the Espo in the influence of alcohol on the roads in front of C in Yong-gu, Chungcheongnam-gun, Kim Young-gun on October 8, 2020 to D front roads. While driving a motor vehicle in the same manner as D, the Defendant driven the motor vehicle under the influence of alcohol, such as the Defendant’s smelling from G in the circumstances where the F of the Police Station in the Hespoon Police Station where the Defendant was working on the duty of regulating drinking at the above place, the Defendant was breading, heavy snowing, and reduction of drinking reaction to the test for the reduction of drinking while walking.

Even if a police officer was requested to comply with the measurement of drinking for about ten minutes from around 20:19 to around 20:29 on the same day by inserting the whole in a drinking measuring instrument three times in total, on the grounds that there are reasonable grounds to determine a person, the term "recogn...........", and by avoiding this, the police officer did not comply with a request for the measurement of drinking without justifiable grounds.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the ledger of arrest report, internal investigation report, notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver under the influence of alcohol, report of the driver under the influence of alcohol, vehicle inquiry, and use of the measuring instrument under the influence of alcohol;

1. Each photograph;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order of community service;