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.

Punishment of the crime

On November 7, 2006, the Defendant received a summary order of a fine of 1.5 million won as a crime of violating road traffic law (drinking driving) in the support of the Daejeon District Court on November 7, 2006.

1. On August 18, 2020, the Defendant was driving under the influence of alcohol, such as inasan Police Station C District Zone of the Defendant, who was dispatched to the site after receiving a report on the fact that he/she is driving a vehicle suspected of driving under influence of alcohol on the front of B in Asia-si on August 18, 2020, and was under the influence of alcohol, such as drinking alcohol, inaccurateness, etc.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the breath in a breath measuring instrument, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds by explicitly refusing the measurement of drinking by stating that "I would not comply with the absolute measurement before measuring the reporter's drinking."

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

2. Around August 18, 2020, the Defendant damaged property: (a) around 22:15, Asan-si, Asan-si, driven a Fchip car in front of the E-si; (b) the victim Asan-si, which was installed in India, received a c.20,000 won of the market price owned by the victim Asan-si, which was located in India.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, reporting on the occurrence of a traffic accident, taking notes of the accident, and conducting an on-site photo;

1. Notification of the results of regulating the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and photograph;

1. Written estimate;

1. Before judgment: Application of one copy of inquiry about criminal history, investigation report (the previous confirmation of the previous record), and summary order;

1. Relevant provisions of the Act concerning the facts constituting an offense, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, Article 366 of the Criminal Act (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;