A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal history] On December 26, 2012, the Defendant received a summary order of KRW 1,50,000,000 from the Jeonju District Court as a crime of violating the Road Traffic Act (driving).

[2] On July 12, 2020, the Defendant driven a motor vehicle under the influence of alcohol from around 50 meters to around 00:45 on July 12, 2020, while driving a motor vehicle from around 50 meters to the access road to C apartment D's parking lot, the Defendant driven a motor vehicle under the influence of alcohol, such as a red and irregular distance.

In a case where there are reasonable grounds to designate a person, the police officer of the police station in the previous police station in the previous police station was requested to comply with the drinking test by inserting three minutes during about 17 minutes, including around 00:50 on July 12, 2020, around 01:02 on the same day, around 01:02 on the same day, and around 01:07 on the same day, but did not comply with the police officer's request for the drinking test without justifiable grounds.

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. Investigation report (report on the situation of a driver driving) and notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as the suspect) statute;

1. Relevant legal provisions and Articles 148-2(1) and 44(2) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; Act No. 17371, Dec. 10, 2020); Articles 53 and 55(1)3 of the Criminal Act to reduce the small amount of imprisonment option for the crime (the following grounds for sentencing)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds shall be taken into account for the reasons of sentencing):

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Even though there has been a history of punishment for drinking driving, it has been driving again while drinking, and whether it is drinking or not.