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 September 17, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On May 2, 2020, at around 01:10, the Defendant started from the Defendant’s residence in the YY YA, and got a F Switzerland car parked in approximately 2 km section from around 00 meters to the Defendant’s residence, which had been driven by Egallon II, from around 00 meters to the Defendant’s residence. “A vehicle of the Defendant was walking without taking any action against the Defendant’s accident.” Around 112, the Defendant was demanded to comply with a drinking measurement by inserting a drinking measuring instrument, such as putting the Defendant into a balscopic bomb, which was driven under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as her being scamed and sprinked on the face of the G District of the YA station, which was called on the site.

Nevertheless, the Defendant refused to put the whole breath in a drinking measuring instrument, and did not comply with a police officer’s demand for a drinking test without justifiable grounds, such as “I am to the house, I am to the house, and I am well am to the house.”

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on-site survey report) filed by the main driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is a drunk driver who violates Article 44(1) of the Road Traffic Act, and twice as a drunk driver.