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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 29, 2014, the Defendant received a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) from the District Court of Jung-gu on September 29, 2014.

【Criminal Facts】

On May 7, 2020, the Defendant had a drinking driving force, but around 23:40 on the road in front of the convenience store in Ansan City B, and became a driver and a driver who was in a place where he was in a convenience store and was in an accident of bread at the convenience store.

The Defendant had reasonable grounds to recognize that the horse and the rhym distance, which was rhyth of the Defendant from a slope F of the Gyeonggi Police Station, sent out after receiving a report of the above 112 person who observed the Defendant’s drinking operation, was driven under the influence of alcohol, such as the walking condition, snow shock, etc., and was demanded from around 30 minutes to around 0:10 on May 8, 2020 to comply with the alcohol testing method by inserting the whole breath of the alcohol measuring instrument over 30 minutes.

Nevertheless, the Defendant did not go to the drinking-free measuring instrument, and avoided it in such a manner as to damage the drinking-free measuring instrument by hand, and did not comply with the police officer’s request for a drinking-free measuring instrument without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. A copy of the usage register of drunks;

1. A report on internal investigation (the current situation, etc. at the time of withdrawal);

1. Previous records before ruling: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of committing the crime, and means of committing the crime.