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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 becomes final and conclusive.
Reasons
Punishment of the crime
On April 10, 201, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon method, and on November 24, 2014, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (drinking to measure drinking) in the same court.
On August 25, 2020, the Defendant driven a car C E220 while drinking alcohol at the Cheongju-gu apartment parking lot located in the Cheongju-si B apartment on August 25, 2020, and was parked there.
D. After causing an accident that shocks a car, a car under the influence of alcohol was driven by the other party while under the influence of alcohol, such as drinking, drinking, drinking, and walking, in an inaccurate state, by drinking from the border F of the border of the police station E zone belonging to the Cheongju Party E zone of the Cheongju Party, who was dispatched to the site after receiving a report of 112 that “the other party is in a drinking condition.”
In response to the demand of voluntary accompanying due to reasonable grounds for the appointment of the person, the person moved to E district of the police station corresponding to the Cheongju-si G in substantial Gu of Cheongju-si.
At around 23:30 on August 25, 2020, the Defendant requested the police officer to comply with a drinking test by inserting a drinking measuring instrument seven minutes between 23:43 on the same day from around 23:0 to around 00:06 on August 26, 202, the Defendant failed to comply with a police officer’s request for the measurement of drinking without justifiable grounds, such as taking a bath, taking a heavy snow, etc.
Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes No. 4 of this Decree to the detailed statement report of the driver in charge of driving, the actual survey report of the results of crackdown on drinking driving, the scene of accidents, photographs of vehicles and photographs (Evidence List No. 4);
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 62 of the Criminal Act: