The punishment of defendants shall be one year and three months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 15, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeonju District Court.

On March 17, 2020, at around 03:42, the Defendant was required to take a drinking test by inserting alcohol into a drinking measuring instrument three-minutes for about 13 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling a smell from F, who was in the position of the police box affiliated with the police box of the Seocho-gu Police Station, which was called by the Defendant, after receiving a report of 112 that he was driving under the influence of alcohol, and showing the reaction of alcohol in the test for drinking gas, and thus, the Defendant was required to take a drinking test by inserting alcohol into the drinking measuring instrument three-minutes.

However, the defendant, who has reasonable grounds to recognize that he is under the influence of alcohol, did not comply with the pulmonary examination of a police officer without justifiable grounds.

The Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written investigation report (related to reporting persons and on-site conditions);

1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) and criminal records, etc.;

1. Provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act;

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

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

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There is a criminal record that has been sentenced to one fine due to drinking driving.

It shall be considered disadvantageous to circumstances in which a vehicle is parked while being discovered after being reported, but it has not complied with a drinking measurement even if it is discovered.