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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was issued a summary order of KRW 2.5 million on October 16, 2009, and a fine of KRW 3 million on April 27, 2017, in the Changwon District Court's Jinju branch, as a crime of violation of the Road Traffic Act.

The Defendant, at around 05:45 on July 17, 2020, was found to have driven under the influence of alcohol on the roads near Jinju City B, smelled, snicked, snicked, and rhetored, etc. on July 17, 2020. As such, the Defendant did not comply with the demand for the measurement of alcohol without justifiable grounds, even though he was required to comply with the demand by inserting the brea police box from around 06:4 to around 06:54 on the same day, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. 112 reported case management list and photographs;

1. Previous records: Application of criminal records, inquiry reports and 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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, punishment power, the environment of the defendant, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;

1. Bearing litigation costs: The main sentence of Article 186 (1) of the Criminal Procedure Act;