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.

Punishment of the crime

【Criminal Power】 On May 27, 2015, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】 On December 6, 2019, at around 07:25, the Defendant started drinking at the underground parking lot in the Kimhae-si, Kimhae-si and caused an accident where approximately 4 km sections were driven on the left side of the driving direction of the said car while driving around about 4 km sections to the front road of the apartment house in the Kimhae-si, Kimhae-si.

On the same day, at around 08:04, the Defendant reported the above traffic accident from the police officer F, who was a police officer belonging to the police station E-district of the annexed Police Station, and called to the scene after receiving a report of traffic accident at around 112, the Defendant was found to have driven the said vehicle by himself, and the Defendant was found to have driven the vehicle under the influence of alcohol, such as the confirmation of the fact of driving the vehicle, as a result of an examination of drinking alcohol, and the result of an examination of drinking alcohol, etc., on the same day, the Defendant requested the police officer to respond to a request for a measurement of alcohol by a police officer for a total of 15 minutes until around 08:19 of the same day,

As a result, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the drinking driving control and investigation report (in case of refusal to measure a suspect's drinking);

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 186 of the Criminal Procedure Act (the basic remuneration for the public defender, etc.) are as follows, and the age of the defendant.