A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 26, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's original branch court.

On September 26, 2019, the Defendant: (a) was driving at the motorway, which is a motorway in Goyang-gu, Seoyang-gu, 673-3, Goyang-gu, Goyang-gu, 673-3, and stopped on the motor vehicle on the motor vehicle line while driving the B food driver's car; and (b) was called upon a witness's report and called out by the witness, and there is a reasonable ground to recognize that the slopeD belonging to C of the Goyangyang Police Station, which was called upon by the witness, was under the influence of alcohol, such as the Defendant's entrance, smelling, snicking, inaccurate, and eroding, and the erobbbrating, was under the influence of alcohol, and did not comply with the request, but did not comply with the request

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the circumstantial statement of a drinking driver, the results of the control of drinking driving, and a copy of the register of breath measuring instruments;

1. A criminal investigation report;

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (a copy of summary order)-related Acts and subordinate statutes;

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

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

1. The punishment as ordered shall be determined by taking into consideration all the factors of sentencing prescribed by Article 51 of the Criminal Act, such as the fact that community service and lecture attendance order have the history of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, refusing to take a drinking test, making a confession of and reflect against the crime, the distance of the defendant's driving, current situation of the defendant's age, etc.;