A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On November 9, 2017, the Defendant was sentenced to three million won as a crime of violation of the Road Traffic Act (driving of Drinking) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

Around 00:06 on April 29, 2020, the Defendant driven DK7 car on the front of the C cafeteria located in Fagpo City B, and there is considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, snicking, snicking, snicking, etc. from an assistantF of the Fapo Police Station called at the above site after the occurrence of a traffic accident, and thus, the Defendant did not comply with a request for a measurement of alcohol by a police officer without justifiable grounds, even though the Defendant was required to comply with a measurement of alcohol in a manner of inserting it into the drinking measuring instrument four times at around 00:25, two times at around 00, three times at around 00, and four times at around 00:35.

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

Summary of Evidence

1. A report on the occurrence of a traffic accident in relation to the defendant's legal statement G, a report on the occurrence of a traffic accident, a actual condition survey report, on-site photographs, and a closure photograph of H Brops;

1. The circumstantial statement of a drinking driver, the circumstantial report of a dangerous driver, the investigation report (the circumstantial report of a drinking driver), the notification of the results of the control of drinking driving, the ledger using the drinking emitting machine, the investigation report, and the investigation report;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The social danger of drunk driving and the purpose of the revision of the Road Traffic Act to which statutory penalty is raised, there is a need to strictize the act of drinking driving and non-compliance with the act of drinking alcohol measurement, and the circumstances favorable to the punishment of drinking driving on two occasions, are erroneous.