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

1. On April 25, 2007, the Defendant issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act, and on November 25, 2010, the Defendant was issued a summary order of KRW 2.5 million by the same court as the same crime.

2. On March 30, 2020, at the second floor parking lot of building B in the Nam-gu Incheon Metropolitan City, Seoul, the Defendant was required to comply with the measurement of alcohol by inserting alcohol in the second floor, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, red, and snow snowing, while drinking alcohol while driving CK7 automobiles under the influence of alcohol, from the slope E belonging to the Incheon Southern-dong Police Station D, which was called out after receiving a report of 112 that he was suspected of drinking.

Nevertheless, the Defendant refused it from the beginning and attempted to leave the scene, and avoided it in a manner that does not put the whole in a drinking measuring instrument, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement; 1. Investigation Report (Report on the circumstances of the driver), and the statement in the circumstances of the driver;

1. Each CCTV photograph;

1. Previous convictions in judgment: Application of inquiry reports and summary order Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime even though he/she had been punished by a fine on multiple occasions by driving under the influence of alcohol, and thus, is not subject to the liability for such crime.

Considering the social harm of drinking driving and the purpose of the revision of the Road Traffic Act, it shall be strictly punished.