A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On October 17, 2007, the Defendant was sentenced to a suspended sentence of two years for one year for a violation of the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court, and the Defendant was issued a summary order of KRW 4 million for the same crime in the same court on August 27, 2013.

around 07:25 on May 10, 2020, the Defendant driven a B-II cargo vehicle while drinking alcohol, and locked out in the signal atmosphere on the road of the "D Hospital" in Fapo City C.

Accordingly, the 112 report was received, stating that “A signal has been replaced, but the coloring vehicle will not move,” and the F of the police box belonging to the Mana Police Station sent to the site was able to move the Defendant to the “G” commercial building, and drinking was reduced as a result of the investigation into the drinking-free vehicle.

Accordingly, the police officer requested the defendant to take a drinking test as a breath test, and the defendant continued to refuse to take a drinking test by telephone conversations, leaving the scene, etc.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of a suspect, report on the circumstances of a drinking driver, investigation report (report on the situation of a drinking driver), notification on the control of drinking driving, and video CD;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports (suspects' previous records and confirmations);

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. The reason for sentencing under Article 62(1) of the Criminal Act, even if having been punished twice or more due to the drunk driving, the nature of the crime is heavy by again refusing to take a drinking again and then refusing to take a drinking level;

Therefore, the punishment shall be imposed by imprisonment with prison labor, and the execution of the sentence shall be suspended only once, taking into account various circumstances, such as the defendant's age, sex, occupation, economic situation, health status, and conditions after the crime is committed.