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

[Power of crime] On October 5, 2007, the Defendant received a summary order of KRW 4 million due to a violation of road traffic law (refluence of alcohol measurement) in support of the Sungnam branch of Suwon Friwon.

[2] On August 23, 2020, the Defendant, while driving a CMW car on the front side of Gwangju City at around 00:35, about August 23, 2020, intends to go against or exceed the tea while driving the CMW car on the front side of Gwangju City.

The driving of a motor vehicle under the influence of alcohol, such as a vehicle that is suspected of driving alcohol while being driven at the scene after receiving a report of 112, and driving a motor vehicle under the influence of alcohol by a driver of the Gwangju Police Station D police box affiliated with a slope E of the Gwangju Police Station, where the Defendant sneeps alcohol and turns on the chill.

There is a reasonable reason to determine a person, and there was a demand to respond to the measurement of drinking by inserting three times a total of about 11 minutes in a drinking measuring instrument.

Nevertheless, the Defendant avoided the noise that “if he or she becomes aware of weather or internal driving, he or she can be held responsible,” and did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

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. Notification of the results of regulating the driving of drinking alcohol, investigation report (report on the situation of the driver in charge), each investigation report (time 7, 12), the list of cases reported, the investigation report (verification of CCTV, etc. for the purpose of use), and video (time 15);

1. Blucs, video CDs, and CCTVs for crime prevention;

1. Records of the judgment: References to inquiries, such as criminal history, (A), investigation reports (verification of the same record as the suspect and review of the name of the crime), summary orders, and application of the statutes of the judgment;

1. Relevant Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;

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 factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order and the like;