A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On October 12, 2017, the Defendant was notified of a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daejeon District Court on October 12, 2017.

On August 12, 2020, the Defendant: (a) driven a coo car on the cafeteria near the restaurant near which it is impossible to identify the name located in the Dobong-gu, Daejeon, Daejeon; (b) from the day on which the Defendant was driving a coo car on the road in front of the Chungcheong distance set by the former university located in B to the road in front of the 90-gu, the Defendant: (c) while driving the coo car on the site after receiving a report on drinking; (d) the police officer belonging to the Daejeon Pungsung Police Station, who was called to the site upon receiving a report on drinking; (e) the Defendant snickly, snickly, snickly, with heavy drinking, with red, and without having the center of body-centered,

have reasonable grounds to determine that there is a reasonable

In light of the fact, even though it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times for five minutes, it was not complied with.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. One CD containing the hearing of witnesses, on-site photographs, dacting photographs, and the appearance of refusing to measure drinking;

1. Previous conviction in judgment: Application of Acts and subordinate statutes as a result of inquiry;

1. Article 148-2(1), Article 44(1) and (2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1), 44(1), and 44-2 of the former Road Traffic Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act to order the provision of community service and order to attend a lecture is to encourage light morals of public authority, and to make it difficult to punish a serious criminal who causes serious harm to the life, body, property, etc. of another person, and in particular, the defendant has already been under the influence of alcohol or has already been under the influence of alcohol.