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

On October 30, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court.

Around 05:00 on January 9, 2020, the Defendant was required to comply with the drinking test by inserting the breath in a manner of inserting the breath in a breath on the road before the Government-Si, and making a 112 report to the effect that the breath is suspected of a drunk driving, and on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol, and drinking alcohol, and drinking distance, etc., on three occasions, while driving a breath on the road before the Government-Si.

Nevertheless, the defendant is to measure tobacco smoking. The defendant is to measure the lawyer's fee, and he has not complied with a police officer's request for alcohol measurement without any justifiable reason by avoiding this.

Summary of Evidence

1. Report on the legal status of the criminal defendant's driving on the main line and his/her statement, and report on internal investigation (field conditions, etc.);

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for drinking driving in 2018.

Nevertheless, in addition, while under the influence of alcohol, the driver was driving a motor vehicle and did not comply with the police officer's request for a drinking test.

However, the defendant's recognition of the crime of this case and reflects the fact that the defendant has a family member to support the crime of this case. The motive and background of the crime, the method and result of the crime, the circumstances after the crime, the age of the defendant.