A defendant shall be punished by imprisonment for one year.

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 December 29, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on July 11, 2016, respectively.

On July 7, 2020, at around 02:50, the Defendant driven a CK7 car while drunk from a mutually influent restaurant in Seo-gu, Seo-gu to the Daegu Northern-gu B building, and then shocked a vehicle DWz car parked in the above apartment parking lot.

While the Defendant was a parking lot getting off from the said accident after the said accident, the Defendant was required to comply with the alcohol testing method by inserting the body in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the reporting person was driven under the influence of alcohol due to the following: (a) not only the Defendant was the driver of the vehicle in question, but also the Defendant was snicking, gnicking, gnicking, and gnicking; and (b) the body was found to have been driven under the influence of alcohol due to a remote distance.

Nevertheless, the Defendant did not have been driving for about 10 minutes from around 03:23 to 03:32 on the same day, and refused to put the whole in a drinking measuring instrument, and did not comply with a police officer’s request for measurement of drinking alcohol without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the statement of the status of a drinking driver, and report on the results of the control of drinking driving;

1. Seven copies of the relevant photographs, each investigation report;

1. Application of the Act and subordinate statutes to a inquiry report and investigation report (Attachment to the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act that choose the penalty;

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

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

1. An order to probation or attend a lecture under Article 62-2 of the Criminal Act;