A defendant shall be punished by imprisonment for a term of one year and two 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

On November 23, 2009, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (Refusal of measurement of noise level) from the Gwangju District Court's Netcheon Branch on November 23, 2009, and a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court's Port Branch on April 1, 2013.

On October 18, 2019, around 00:10 on October 18, 2019, the Defendant driven an Eloper-free car under the influence of alcohol concentration of approximately 200 meters from the front of the C convenience store located in the Namyang-si B to the front of the D in the Namyang-si.

As above, the Defendant violated the provision that he shall not drive a motor vehicle, etc. under the influence of alcohol, or that he shall not refuse to take a drinking test by a police officer more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the state of a driver under the influence of alcohol, report on the state of a driver under the influence of alcohol, appraisal of blood alcohol, and inquiry into

1. Application of Acts and subordinate statutes of criminal history records, etc. inquiry report (A), the netcheon Branch of the Gwangju District Court (2009 High Court), the summary order of 11897 High Court, and the summary order of 2013 High Court 194 High Court 2013 High Court Pool and

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice 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 reason for sentencing under Article 62-2 of the Criminal Act, including the defendant's refusal of drinking alcohol measurement and the previous record of drinking alcohol again commits the instant crime, taking into account the time interval with the previous record of the instant crime, the defendant's blood alcohol concentration, his age, character and conduct, character and environment, the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., a punishment as ordered shall be determined by taking into account the conditions of sentencing as