A defendant shall be punished by imprisonment for a term of one year and four months.

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 February 15, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on February 15, 2008.

On October 04, 2019, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments three minutes in total, a total of thirty minutes between 30 minutes of drinking, while driving the D-wheeled vehicle under the influence of drinking on the road in front of the C-U.S. C-U.S. C-U.S. C-U.S. C-U.S. C-U.S. C-U.S. C-U.S. C-U.S., and reported 112 at the center of the road. As there are reasonable grounds to recognize that the Defendant driven the D-U.S. vehicle under the influence of drinking, such as smelling the vehicle at the center of the road.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol measurement without justifiable grounds by dumping water that was called a part of his/her place of parking, or by keeping police officers’ chests, and escapeing.

As a result, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of the driver, an investigation report, and a report on the situation of the driver’s license;

1. Notification to a department related to the reporting of the 112 case (the first report) and notification to a department related to the reporting of the 112 case (the second report);

1. Detection site and photographs refusing to measure drinking;

1. CCTV closures for crime prevention;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is not only the defendant driving a two-wheeled vehicle without being aware of, but also driving another two-wheeled vehicle, despite the fact that the defendant was sentenced to a fine due to drinking driving in 2008.