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

[Power of crime] On April 29, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on April 29, 2013.

[2] On October 9, 2020, the Defendant: (a) while driving a DI30 vehicle on the roads B and C in a drunken state on October 9, 2020; (b) was driven under the influence of alcohol by the Defendant, while driving the DI30 vehicle on the roads B and C; and (c) thereafter, the Defendant: (a) was driven under the influence of alcohol, such as a fluorous distance, when the vehicle suspected of driving alcohol was dispatched upon receipt of a report by 112; (b) was a witness to the purport that the vehicle was driven by another vehicle; and (c) was driven under the influence of alcohol, such as a fluorous distance.

Even though there are reasonable grounds to recognize it, it was requested to respond to the measurement of drinking by inserting the whole breath of drinking in three times from the same day until 21:45 on the same day, the person did not comply with it without justifiable grounds.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on which a statement concerning the circumstances of the driver at the main place is made, an investigation report, and a report on the results of crackdown on drinking driving: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on the investigation status (verification of the same records

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

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is that the Defendant already had the same record of drinking driving twice, but the Defendant committed the instant crime; the Defendant’s occurrence of a traffic accident shocking the parked vehicle as a result of driving alcohol; and the Defendant’s refusal to measure drinking is determined as ordered by taking into account such factors.