The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a fine of KRW 5,00,000 by the Gwangju District Court on January 11, 2019, due to a crime of violating the Road Traffic Act (driving).

[2] On September 4, 2020, the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s face-to-face D from the seat of the police station located in the Gwangju Northern District Police Station, which was dispatched after receiving a report from 112 that the Defendant’s driver’s B-to-face fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat

인 정할 만한 상당한 이유가 있어 약 10분 동안 음주측정기에 호흡을 불어넣는 방식으로 음주 측정에 응할 것을 요구 받고도 음주 측정기를 입으로 물고 호흡을 불어넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않아 음주 운전 및 음주 측정거부 금지 규정을 2회 이상 위반하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions and Articles 148-2(1), 44(1) and 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Reduction of amount under Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;