A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On July 23, 2008, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 16, 2020, at around 20:15, the Defendant driven at a 30-meter radius in the official parking lot located in Jinhae-gu, Changwon-si B, and the Defendant received 112 reports, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from D to the face of the police box affiliated with the police box at the site upon receipt of the 112 report, she was snicked by the Defendant, and making it difficult to recognize that the Defendant was driving under the influence of alcohol due to the influence of alcohol as a result of confirmation of the drinking-freeness, etc., and on the same day, the Defendant did not comply with the request of police officers for the measurement of alcohol without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of a drinking driver, a written statement, and field photograph;

1. Previous records of judgment: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. The fact that an order to attend a lecture or an order to provide community service has a history of being punished three times due to drunk driving [any poor circumstances] of sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record of suspended sentence or more, and a criminal record of drunk driving is ten years prior to all;