A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 30, 2008, the Defendant received a summary order of KRW 2,50,00,000 as a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the District Court.

around 20:45 on December 5, 2020, the Defendant parked in the parking lot of the first floor above the B-dong, B, and the Defendant: (a) while driving a Fdop car while under the influence of alcohol, such as drinking alcohol and drinking alcohol, from the head of the police box affiliated with the police box of the Pakistan-ri Police Station, called upon receiving 112 a report, and driving from the head of the police box belonging to the police box of the Pakistan-ri Police Station, wherein he was called, and driving a Fdop car while under the influence of alcohol.

On December 5, 2020, when there are reasonable grounds to determine a person, he/she was requested to respond to a police officer's request for the measurement of drinking without justifiable grounds, even though he/she was requested to comply with a police officer's request for the measurement of drinking in a total of three occasions, such as the first and second instances of around 21:32 of the same day, and the second and third instances of the same day, around 21:40 of the same day.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstances of the driver of a driving vehicle and the notification of the results of regulating drinking driving; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and applicable Acts and subordinate statutes of written criminal investigation reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who was punished for driving under drinking, once again, drives under drinking, and the police officer's legitimate demand for the measurement of drinking.

Provided, That at least 12 years have passed since the defendant was punished for driving alcohol, and there is no other criminal record.

The defendant does not commit a second offense and seems to be contradictory to that of the defendant.

In this case, including the starting of this case.