A defendant shall be punished by imprisonment for a term of one year and two months.

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

On August 10, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on August 24, 2016.

On October 2, 2019, at around 00:12, the Defendant: (a) driven the E body last car from the C Association parking lot located in Dasung City B to D, and returned to the Defendant’s residence; and (b) reported that there was a motor vehicle for drinking, the Defendant demanded the Defendant to respond to the drinking test by inserting the breath of the brea Police Station, G, and H, who called the Defendant by telephone, at around 00:50 on the same day, he was found to have driven the Defendant under the influence of alcohol, such as the shocking of the Defendant’s eye in front of the breath of the breath City D in a breath of the breath of the same day.

The defendant did not comply with a request for alcohol measurement by a police officer without justifiable grounds, on the ground that he/she has left his/her place of residence due to his/her substitute driving and has driven a short distance for parking.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of 000;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and photograph of the control site;

1. Previous convictions: Application of Acts and subordinate statutes attached to criminal records and identical summary orders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant, who had been punished for drunk driving, has reached the crime of this case again even though he had been punished twice.

However, it exceeds the fact that the defendant gets wrong properly and is sentenced to a fine.