A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

In the Daegu District Court Kimcheon Branch on June 5, 2006, the Defendant has a record of being sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court on April 26, 201, and in the Daegu District Court on February 18, 2016, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court on February 18, 2016.

The Defendant, at around 00:40 on September 20, 2018, filed a 112 report with the head of the police station C District of the old U.S. police station, who called to the site on the ground that “There is a considerable reason to recognize that the Defendant was driving under the influence of alcohol due to the reduction of drinking on the Defendant as a result of a drinking reduction, an drinking reaction is serious as a result of drinking, a snicking on the face, and a heavy view of walking, etc.,” who was in possession of the vehicle without disclosing his/her personal information, tried to escape from the site without any justifiable reason, and failed to comply with a police officer’s request for the measurement of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Two copies of on-site photographs and photographs of the suspect;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Each report on internal investigation (as to the field circumstances of refusal to measure the noise, and on the field conditions);

1. Previous records: Criminal records, etc. and the application of three-minutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Appointment of imprisonment with prison labor shall be made for drinking purposes, taking into account the fact that probation, community service, or lecture attendance order has a considerable record of having caused an accident while driving under drinking, etc., without any significant reason for sentencing under Article 62-2 (1) of the Criminal Act;