A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 21, 2007, the Defendant was issued a summary order of 2.5 million won as a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Support of the Incheon District Court.

On September 14, 2020, the Defendant driven a vehicle under the influence of alcohol by the Defendant, such as the background F of the E Zone belonging to, and smelling from, the E Zone in, the Y 125CC, called the Defendant, who was under the influence of alcohol, on September 14, 202, and on September 14, 202, he was under the influence of alcohol by the Defendant, on the ground that the Defendant was in the influence of alcohol, while under the influence of alcohol.

There are reasonable grounds to recognize the same day from 02:15 to 02:32 on the same day to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument four times, but he/she did not comply with the request for the measurement of alcohol by a police officer without justifiable grounds by refusing to comply with the measurement of alcohol until the reporter was reported.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to make a legal statement by the accused, reporting on the violation of the Road Traffic Act (driving) by the accused, notification of the results of the crackdown on driving alcohol, a statement on the circumstances of the driver under the influence of alcohol, a copy of the register of using the drinking measuring instruments, and a response to inquiry, such as criminal history;

1. Article 148-2 (1), (2) and (1) of the Road Traffic Act and Articles 44-2 (2) and (1) of the same Act concerning the facts constituting an offense, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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;